LB 


UC-NRI 


SB 


GEORGIA  SCHOOL  LAWS 
AND  DECISIONS 


PUBLISHED  BY  THE 

DEPARTMENT  OF  EDUCATION 


M.  L.  BRITTAIN, 

STATE  SUPERINTENDENT  OF  SCHOOLS 
1916 


GIFT   OF 


GEORGIA  SCHOOL  LAWS 

,  v 

AND  DECISIONS 


PUBLISHED  BY  THE 

DEPARTMENT  OF  EDUCATION 


M.  L.  BRITTAIN, 

STATE  SUPERINTENDENT  OF  SCHOOLS 
1916 


PREFACE. 

By  reason  of  recent  legislation  many  contradictions  occur  in  the 
Georgia  school  laws.  For  instance,  prior  to  1910,  a  County  Super- 
intendent was  required  to  have  certain  qualifications  and  was  elected 
by  the  County  Board  of  Education;  later  this  legislation  was  modified 
in  part  and  later  still  the  election  and  qualifications  of  this  official 
were  further  changed.  This  is  also  true  with  regard  to  other  parts  of 
our  school  system.  If  the  General  Assembly  will  authorize  the  codifi- 
cation or  systematic  and  logical  arrangement  of  these  laws,  it  will  be 
a  pleasure  for  the  State  Department  of  Education  in  conjunction  with 
the  Attorney-General  to  do  this  work  without  expense  or  cost  of  any 
kind,  and  in  the  interest  of  the  public,  I  ask  for  the  passage  of  an  act  to 
this  effect.  The  publication  of  a  complete  compilation  of  Georgia 
School  Laws  and  Decisions  without  such  a  re-arrangement  merely  con- 
fuses even  the  lawyers,  to  say  nothing  of  the  officials  and  parents. 
For  this  reason  it  has  been  thought  wise  to  publish  extracts  of  our 
more  important  and  most  necessary  educational  legislation  until  the 
right  is  granted  to  arrange  the  laws  changed,  omit  those  practically 
repealed,  and  to  print  a  complete  and  thorough  school  code. 

Very  truly, 

M.  L.  BRITTAIN, 
State  Superintendent  of  Schools. 


381197 


STATE  BOARD  OF  EDUCATION. 

* 

Members  Ex-Officio. 

The   GOVERNOR,   President. 

The    STATE    SUPERINTENDENT    OF    SCHOOLS, 
Secretary  and  Executive  Agent. 

Members  By  Appointment. 

Hon.  WALTER  E.  STEED,  Butler,  Georgia. 
Term  ending  September  5,  1917. 

Prof.  A.  H.  MOON,  Baxley,  Georgia. 

Term  ending  September  5,  1917. 

Dr.  G.  R.  GLENN,  Dahlonega,  Georgia. 
Term  ending  September  5,  1919. 

Dr.  T.  J.  WOOFTER,  Athens,  Georgia. 
Term  ending  September  5,  1919. 


STATE  BOARD  OF  EDUCATION. 


I. 

STATE  BOARD  OF  EDUCATION. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  Actg  of 
of  Georgia  and  it  is  hereby  enacted  by  the  authority  of  the  same,  1011,  ^ 
That  there  shall  be  a  State  Board  of  Education  composed  of  six  mem- 
bers, as  follows:  The  Governor,  the  State  Superintendent  of  Schools, 
and  four  other  persons,  who  shall  be  appointed  by  the  Governor  of 
the  State,  two  for  two  years  and  two  for  four  years,  their  terms  of 
office  thereafter  to  be  for  four  years  each,  or  until  their  successors 
are  appointed  and  qualified.  At  least  three  of  said  appointees  shall  be  x 
men  of  practical  experience  in  teaching  schools  and  of  high  standing 
in  educational  work,  having  at  least  three  years  practical  experience 
as  a  teacher  in  the  schools  of  Georgia,  and  being  thoroughly  conversant 
with  the  operation  of  rural  schools.  Should  a  vacancy  occur  at  any 
time  in  said  Board  it  shall  be  filled  by  the  Governor;  provided,  That 
the  nomination  of  the  Governor  for  membership  on  the  State  Board 
of  Education  shall  be  subject  to  confirmation  by  the  Senate;  and 
provided  further,  That  an  appointment  made  when  the  Senate  is  not 
in  session  shall  be  effective  until  the  Legislature  convenes  and  acts  on 
the  appointment.  No  person  who  is  now  or  has  been  connected  with 
or  employed  by  a  school  book  publishing  concern  shall  be  eligible  to 
membership  on  said  State  Board  of  Education,  and  if  any  person 
shall  become  so  connected  or  employed  after  becoming  a  member  of 
said  Board  his  place  on  said  Board  shall  become  vacant. 

SEC.  2.  The  said  Board  of  Education  shall  take  oaths  of  office 
and  enter  upon  the  discharge  of  their  duties  immediately  after  their  Acts  of 
appointment.  They  shall  meet  in  the  office  of  the  State  Superintendent  page  96. 
of  Schools.  The  Governor  shall  preside  over  their  body  as  Chairman 
of  the  Board  when  it  is  practicable  for  him  to  be  present;  but  when 
he  can  not  be  present,  they  shall  select  their  Chairman  and  proceed  with 
their  business  whenever  a  majority  of  the  Board  is  present.  The 
Board  shall  meet  at  least  quarterly  in  regular  session  and  at  any  other 
time  when  an  emergency  arises,  and  they  shall  be  called  together  by 
the  Governor  of  the  State  or  State  School  Superintendent.  The  four 
appointees  shall  receive  as  compensation  for  their  services  $250.00  per 
annum  each,  which  shall  be  paid  out  of  the  State  Treasury  on  the 


STATS  BOARD  OP  EDUCATION. 


Acts   of 
1911, 

page   96. 


Acts    of 
1911, 
page   97. 


Acts   of 
1887, 
page    69. 


warrant  of  vho  Oovex-noi1  and  be  allowed  their  actual  traveling  ex- 
penses in  going  and  returning  to  their  homes,  upon  submitting  a 
sworn  itemized  statement,  accompanied  by  proper  vouchers  and  not 
otherwise.  The  total  expenses  for  the  four  appointees  shall  not  exceed 
$100. 

SEC.  3.  The  State  Board  of  Education  shall  provide  rules  and 
regulations  for  the  supervision  of  all  schools  in  the  State.  They  shy  11 
provide  the  course  of  study  for  all  common  and  high  schools  of  the 
State  receiving  State  aid.  They  shall  select  and  make  out  a  list  of 
text-books  to  be  taught  in  said  schools,  which  can  be  changed  only  every 
five  years;  unless  the  peculiar  conditions  of  any  county  or  community 
demand  certain  changes,  in  which  case,  the  County  Board,  together, 
with  the  County  Superintendent,  shall  make  application  to  the  State 
Board  suggesting  such  changes  and  give  their  reasons  therefor,  where- 
upon if  the  said  Board  sees  proper,  their  request  shall  be  granted. 
Provided,  This  clause  shall  in  no  way  affect  the  present  State  adoption 
of  books.  This  Board  of  Education  shall  be  the  final  court  of  appeal 
to  hear  and  decide  all  matters  which  have  been  appealed  from  tlie 
State  Superintendent  of  Schools.  They  shall  determine  the  necessary 
office  force  of  the  State  Superintendent  of  Schools,  and  shall  fix  the 
compensation  of  the  same.  Not  however,  to  exceed  $1,800.00  per 
annum  more  than  at  present  paid. 

SEC.  4.  Each  county  in  the  State  shall  constitute  a  school  district 
and  the  public  school  funds  shall  be  apportioned  among  the  several 
districts  by  the  State  Board  of  Education  as  now  provided  by  law. 
They  shall  also  provide  for  normal  instruction  of  teachers  in  each  of 
the  districts,  either  by  institutes  or  otherwise.  They  shall  have  power 
to  compel  the  attendance  of  teachers  upon  such  normals  and  institutes, 
to  provide  penalties  for  non-attendance,  to  provide  for  the  examina- 
tion of  the  teachers  of  said  State,  and  to  grant  licenses  to  those  that 
are  qualified  who  desire  a  State  or  special  license. 

SEC.  5.  That  the  State  Board  of  Education  shall  constitute  an 
advisory  body,  with  whom  the  State  School^  Commissioner  shall  have 
the  right  to  consult  when  he  is  in  doubt  as  to  his  official  duty  and  also 
a  body  in  the  nature  of  a  court  to  which  appeals  shall  be  made  from 
the  decisions  of  the  State  School  Commissioner  upon  any  question 
touching  the  construction  or  administration  of  the  school  laws  and  the 
decision  of  the  State  Board,  when  rendered,  shall  be  final  and  con- 
clusive upon  the  matter  in  issue.  Appeals  to  the  State  Board  must  be 
made  through  the  County  Commissioner  in  writing,  and  must  distinctly 
set  forth  the  question  at  law,  as  well  as  the  facts,  in  the  case  upon 


6 


STATE  BOARD  OF  EDUCATION. 

which  the  appeal  is  taken.  Upon  any  question  involving  the  construc- 
tion or  administration  of  the  school  laws,  the  concurrence  of  a  major- 
ity of  the  whole  Board  shall  be  necessary  in  order  to  give  validity  to 
the  decision. 

Additional  Duties  of  State  Board  of  Education. 

As  State  School-book  Commission,  State  Board  is  required  to  select 
text-books  for  the  common  schools  of  the  State. 

SEC.  6.  Be  it  further  enacted,  That  no  member  of  the  State  Board 
of  Education  or  any  appointees  of  said  Board  or  any  other  person  or 
persons  that  have  the  authority  of  selecting  or  in  any  way  aiding  in  the  1911, 
selection  of  school  books  for  the  schools  of  Georgia  shall  not  for  them-  } 
selves  or  any  member  of  their  respective  families  receive  any  gifts,  com- 
pensation or  remuneration  of  any  kind  from  any  school  book  publish- 
ing house,  corporations,  individuals,  or  the  agents  or  representatives 
of  either,  nor  shall  any  person,  publishing  house  or  corporation  en- 
gaged in  publishing  or  the  sale  of  school  books  offer  to  any  of  said 
board  or  their  families  or  appointees  any  gift,  compensation  or  re- 
muneration, directly  or  indirectly.  Any  person  violating  the  provisions 
of  this  section  shall  be  guilty  and  punishable  for  a  misdemeanor. 
Should  any  of  the  aforementioned  publishing  houses,  corporations  or 
persons  engaged  in  publishing  or  selling  school  books  offer  to  any  of 
the  aforementioned  officers,  their  families  or  appointees  any  such  com- 
pensation, remuneration  or  reward  of  any  kind,  it  shall  be  their  duty 
to  report  the  same  to  the  grand  juries  of  their  respective  counties, 
and  on  failure  or  refusal  to  do  so,  they  or  either  of  them  so  failing 
or  refusing  shall  be  guilty  and  punishable  for  a  misdemeanor,  and 
such  officers  on  conviction  thereof  shall  be  removed  from  office. 


STATE  SUPERINTENDENT  OF  SCHOOLS. 


II. 


STATE  SUPERINTENDENT  OF  SCHOOLS. 


Acts    of 
1894, 
page    34. 


Acts    of 
1887, 
page    69. 


Election — charged  with  administration  of  school  law  and  superin- 
tendence of  common  school  affairs. 

SECTION  1.  There  shall  be  a  State  School  Commissioner  elected 
by  the  people  at  the  same  time  and  manner  as  the  Governor  and  State- 
house  officers  are  elected,  whose  term  of  office  shall  be  two  years  and 
until  his  successor  is  elected  and  qualified.  His  office  shall  be  at  the 
seat  of  government  and  he  shall  be  paid  a  salary  not  to  exceed  two 
thousand  dollars  ($2,000)  per  annum.  The  General  Assembly  may 
substitute  for  the  State  School  Commissioner  such  officer  or  officers 
as  may  be  deemed  necessary  to  perfect  the  system  of  public  education. 

SEC.  2.  He  shall  be  charged  with  the  administration  of  the  school 
laws,  and  a  general  superintendence  of  the  business  relating  to  the 
common  schools  of  the  State.  He  shall  prescribe  suitable  forms  for 
the  reports  required  of  subordinate  school  officers  and  blanks  for  their, 
guidance  in  transacting  their  official  business  and  shall,  from  time  to 
time,  prepare  and  transmit  to  them  such  instruction  as  he  may  deem 
necessary  for  the  faithful  and  efficient  execution  of  the  school  laws, 
and  by  whatsoever  is  thus  communicated  to  them  shall  they  be  bound 
to  govern  themselves  in  the  discharge  of  their  official  duty;  provided 
nevertheless,  there  shall  always  be  an  appeal  from  the  State  School 
Commissioner  to  the  State  Board  of  Education  as  hereinbefore  enacted. 


Acts   of 

1887, 
page    69. 


Acts   of 
1887, 
page    70. 


Some  specific  duties — Contents  of  Annual  Report. 

SEC.  3.  That  it  shall  be  the  duty  of  the  State  School  Commissioner 
to  visit,  as  often  as  possible,  the  several  counties  of  the  State  for 
the  purpose  of  examining  into  the  administration  of  the  school  law 
in  said  counties,  of  counseling  with  school  officers,  of  delivering 
popular  addresses,  of  inspecting  school  operations,  and  of  doing  such 
other  acts  as  he  may  deem  subservient  to  the  interest  of  popular 
education. 

SEC.  4.  The  State  School  Commissioner  shall  see  that  the  proper 
actions  provided  by  law  are  brought  against  all  officers  and  agents  of 
the  system,  who  are  liable  to  the  same,  for  misappropriation  of  the 
school  fund  or  other  cause. 

8 


STATE  SUPERINTENDENT  OF  SCHOOLS. 


Acts  of 

86> 


SEC.  5.  That  the  State  School  Commissioner  shall  make  an  an- 
nual report  to  the  General  Assembly,  in  which  he  shall  present  a  state- 
ment of  the  condition  and  amount  of  all  funds  and  property  ap- 
propriated to  the  purpose  of  public  education ;  a  statement  of  the  num- 
ber of  common  and  public  schools  of  the  various  grades  in  the  State; 
the  number  of  scholars  attending  such  schools,  their  sex,  color,  and  the 
branches  taught;  a  statement  of  the  average  cost  per  scholar  of  in- 
struction under  the  common  school  system  in  each  county;  a  statement 
of  the  plans  for  the  management,  extension  and  improvement  of  the 
common  schools;  a  statement  of  the  number  of  children  of  school  age 
in  the  State,  with  as  much  accuracy  as  the  same  can  be  ascertained; 
also,  a  statement  of  the  number  of  private  schools  and  colleges  of  the 
different  kinds  in  the  State;  the  number  of  pupils  in  such  schools  or 
colleges;  their  sex,  the  branches  taught,  the  average  cost  of  tuition 
per  scholar  in  said  schools  and  colleges. 

Salary  and  expenses  of  office. 

SEC.  6.  That  the  State  School  Commissioner  shall  be  entitled  to 
receive  for  his  services  the  sum  of  two  thousand  dollars  annually  in  Acts  of 
quarterly  installments.  All  his  necessary  traveling  expenses  incurred  in  page  71. 
the  performance  of  his  official  duties  and  all  postage  and  other  ex- 
penses absolutely  necessary  arising  in  his  office,  shall  be  paid  by  the 
State.  He  shall  also  be  entitled  to  employ  one  clerk  to  aid  him  in 
his  official  duties.  His  clerk  shall  receive  an  annual  salary  not  ex- 
ceeding twelve  hundred  dollars,  to  be  paid  quarterly.  The  salaries  and 
other  expenses  named  in  this  section  shall  be  paid  out  of  the  State 
school  fund  on  executive  warrant.  It  shall  also  be  the  duty  of  said 
Commissioner  to  keep  an  itemized  account  of  all  expenses  connected 
with  his  department,  which  accounts  shall  be  audited  by  the  State 
Board  of  Education. 

Title  changed — election. 

SEC.   7.     Be  it  further   enacted,   That  in   the  place  of   the   State 
School  Commissioner  the  office  of  State  Superintendent  of  Schools  is 
substituted;  provided,  That  the  person  now  holding  the  office  of  State    Actg  of 
School  Commissioner  shall  serve  as  State  Superintendent  of  Schools    1911» 
during  the  remainder  of  the  term  for  which  he  was  elected,  and  exer-    ] 
cise  all  of  the  duties  now  exercised  by  such  official,  in  addition  to  pow- 
ers herein  granted.     The  term  of  office  shall  be  for  two  years  and 
until  his  successor  is  elected  and  qualified.     He  shall  be  elected  as  the 
present   State   School  Commissioner  is  elected  and  exercise  the  same 
powers,  except  as  hereinafter  may  be  changed  or  altered. 


STATE  SUPERINTENDENT  OF  SCHOOLS. 


Acts  of 

1911, 

page  98. 


Acts  of 
191JI, 
page   98. 


Acts  of 
1911, 
page  98. 


Acts  of 
1911, 
page   99. 


Oath — Bond — Duties. 

SEC.  8.  Be  it  further  enacted,  That  upon  entering  the  discharge 
of  his  official  duties,  the  State  Superintendent  of  Schools  shall  give 
bond  in  the  penal  sum  of  Ten  Thousand  ($10,000),  Dollars  to  the 
State  of  Georgia,  with  some  approved  surety  company  which  shall 
be  acceptable  to  the  Secretary  of  State,  conditioned  that  he  will  truly 
account  for  and  apply  all  money  or  other  property  which  may  come 
into  his  hands  in  his  official  capacity  for  the  use  and  benefit  of  the 
purpose  for  which  it  is  intended,  and  that  he  will  faithfully  perform 
the  duties  enjoined  upon  him  by  law.  He  shall  take  and  subscribe  an 
oath  to  diligently  and  faithfully  discharge  the  duties  of  his  office.  The 
bond  with  certified  endorsement  thereon,  shall  be  filed  with  the  Secre- 
tary of  State,  the  premium  charged  for  said  bond  shall  be  paid  out 
of  the  treasury  of  the  State. 

SEC.  9.  In  addition  to  the  powers  hereinbefore  given,  the  said 
State  Superintendent  of  Schools  shall  be  the  Secretary  and  Executive 
Agent  of  the  State  Board  of  Education,  for  which  services  he  shall 
receive  One  Thousand  ($1,000)  Dollars. 

SEC.  10.  Be  it  further  enacted  That  to  render  a  person  eligible 
to  hold  the  office  of  State  Superintendent  of  Schools  he  shall  be  a  man 
of  good  moral  character,  of  high  educational  standing,  have  had  at  least 
three  years'  practical  experience  as  a  teacher,  or  in  lieu  thereof  shall 
have  a  diploma  from  a  reputable  college  or  normal  school,  or  shall 
have  had  five  years'  experience  in  the  actual  supervision  of  schools, 
and  be  at  least  thirty  years  of  age. 

SEC.  11.  The  State  Superintendent  of  Schools  shall  carry  out  and 
enforce  all  the  rules  and  regulations  of  the  State  Board  of  Education 
and  the  laws  governing  the  schools  of  the  State  receiving  State  aid, 
he  shall  from  time  to  time  make  such  recommendations  to  the  State 
Board  as  may  effect  the  welfare  and  efficiency  of  the  public  schools 
throughout  the  State;  he  shall  have  authority  to  suspend  a  County 
Superintendent  of  Schools  for  incompetency,  willful  neglect  of  duty, 
misconduct,  immorality  or  the  commission  of  crime  involving  moral 
turpitude;  providing,  of  course,  That  all  of  his  acts  in  this  matter 
shall  be  subject  to  the  approval  of  the  State  Board  of  Education  and 
the  party  so  suspended  may  appeal  his  case  to  the  State  Board,  whose 
decision  shall  be  final.  The  State  Superintendent  of  Schools  shall  have 
power,  with  the  consent  and  approval  of  the  State  Board  of  E'duca- 
'  tion  to  appoint  three  State  School  Supervisors,  whose  professional 
qualifications  shall  be  the  same  as  State  Superintendent's  who  shall 
act  under  the  direction  of  the  State  Superintendent  of  Schools  and  fill 


10 


STATE  SUPERINTENDENT  OF  SCHOOLS. 

the  place  of  the  experts  provided  for  in  the  Acts  of  1891,  which  were 
amended  in  1892  and  1893.  The  salaries  paid  these  Supervisors  shall 
be  fixed  by  the  State  Board  of  Education  and  shall  not  exceed  Two 
Thousand  Dollars  each  per  annum,  together  with  necessary  traveling 
expenses;  provided,  The  same  shall  not  exceed  $2,000  dollars.  The 
Supervisors  shall  keep  itemized  statements  of  their  expenses,  which 
shall  be  sworn  to  monthly  and  approved  by  the  State  Superintendent 
of  Schools  and  be  paid  out  of  the  State  Treasury.  It  shall  be  especial- 
ly the  duty  of  these  Supervisors  to  act  as  instructors  of  institutes  to 
give  State  normal  instruction  and  training  as  the  State  Superintendent 
may  direct  in  each  county;  to  grade  the  papers  of  applicants  for  pro- 
fessional certificates  or  State  licenses  and  to  aid  generally  in  super- 
vising, systematizing  and  improving  the  schools  of  the  State  under 
the  direction  of  the  State  Superintendent  of  Schools. 

SEC.  12.  The  State  Superintendent  of  Schools  with  the  advice  and 
approval  of  the  State  Board  of  Education,  shall  appoint  one  person 
who  shall  be  a  competent  and  experienced  bookkeeper  and  accountant  Acts  of 
at  a  salary  of  Two  Thousand  Dollars  per  annum,  together  with  his  page'  100. 
actual  traveling  expenses,  whose  duty  it  shall  be  to  thoroughly  audit 
and  check  the  books  and  accounts  of  County  Superintendents  and  the 
Treasurers  of  local  school  systems,  of  municipal  systems,  of  the  State 
University  and  all  its  branches,  including  the  District  Agricultural 
Schools,  the  State  College  of  Agriculture,  Technological  Schools  and 
all  other  schools  receiving  State  aid  and  make  regular  annual  reports 
to  the  State  School  Superintendent  showing  the  amount  received,  for 
what  purposes  received,  and  for  what  purposes  expended.  All  such 
funds  held  by  officials  must  be  kept  in  banks  separate  from  their 
individual  bank  accounts.  He  shall  be  allowed  his  traveling  expenses 
from  itemized  statements  sworn  to,  as  the  Supervisors  are  allowed 
theirs  in  the  foregoing  section,  provided  the  total  expenses  shall  not  be 
more  than  $1,000  per  annum. 

SEC.  13.  It  shall  be  the  duty  of  the  State  Superintendent  of 
Schools,  in  addition  to  the  powers  already  granted,  that  in  the  event  Actg  o[ 
of  a  misapplication  of  any  of  the  funds  apportioned  to  any  of  the  ijn. 
institutions  of  learning  or  schools  receiving  State  aid  he  shall  at  once 
proceed  to  recover  the  same  by  the  institution  of  proper  procedure  in 
the  courts  of  competent  jurisdiction  after  demand  is  made  upon  the 
party  misapplying  the  funds  to  settle  same.  Should  it  become  neces- 
sary to  procure  additional  legal  services  other  than  that  of  the  Attor- 
ney-General, the  Governor  is  authorized  to  procure  special  or  local 
counsel  and  arrange  to  pay  for  the  recovery  of  said  funds,  such  fee 
out  of  the  funds  collected  as  is  usual  and  customary  in  the  locality 
where  the  suit  is  instituted. 

11 


COUNTY  BOARD  OF  EDUCATION. 


III. 


COUNTY  BOARD  OF  EDUCATION. 


Acts  of 
1887, 
page   71. 


Acts   of 
1893, 
page  62. 


Each  county  a  school  district. 

SECTION  1.  That  hereafter  each  and  every  county  in  the  State  shall 
compose  one  school  district,  and  shall  be  confided  to  the  control  and 
management  of  a  County  Board  of  Education. 

Selection,  qualification  and  term  of  office  of  members  of  County 
Board  of  Education. 

SEC.  2.  That  the  grand  jury  of  each  county  (except  those  counties 
which  are  under  a  local  system)  in  this  State  shall,  from  time  to  time, 
select  from  the  citizens  of  their  respective  counties  five  freeholders, 
who  shall  constitute  the  County  Board  of  Education.  Said  members 
shall  be  elected  for  the  term  of  four  years,  and  shall  hold  their  offices 
until  their  successors  shall  be  elected  and  qualified;  provided,  however^ 
that  no  publisher  of  school-books,  nor  any  agent  for  such  publisher, 
nor  any  person  who  shall  be  pecuniarily  interested  in  the  sale  o»f 
school-books,  shall  be  eligible  for  election  as  member  of  any  Board 
of  Education  or  as  County  School  Commissioner  of  any  county  in  this 
State;  provided  further,  that  whenever  there  is  in  a  portion  of  any 
county  a  local  school  system  having  a  Board  of  Education  of  its  own, 
and  receiving  its  pro  rata  of  the  public  school  fund  directly  from  the 
State  School  Commissioner,  and  having  no  dealings  whatever  with  the 
County  Board  of  Education,  then  the  members  of  the  County  Board 
of  Education  of  such  county  shall  be  selected  from  that  portion  of  the 
county  not  embraced  within  the  territory  covered  by  such  local  system. 
See  also  Section  15  for  further  information  concerning  the  selection 
and  qualifications  of  members  of  County  Board  of  Education. 


Compensation. 

SEC.  3.  That  the  members  of  the  Board  of  Education  in  each 
county  shall  be  paid  a  per  diem  not  to  exceed  two  dollars  for  each 
day's  actual  service  out  of  the  school  fund  appropriated  to  the  county; 

12 


COUNTY  BOARD  OF  EDUCATION. 

and  their  accounts  for  service  shall  be  submitted  for  approval  to  the 
Ordinary  or  County  School  Commissioner;  and  they  shall  not  receive 
any  other  compensation,  such  as  exemption  from  road  and  jury  duty. 

Certification  of  election — removal  from  office — vacancies. 

SEC.  4.  That  whenever  members  of  a  County  Board  are  elected  or 
appointed  in  pursuance  of  the  provisions  of  the  above  section,  it  shall 
be  the  duty  of  the  Clerk  of  the  Superior  Court  to  forward  to  the  State  Agts  of 
School  Commissioner  a  certified  statement  of  the  facts,  under  the  page  72. 
seal  of  the  court  signed  officially  by  him,  as  evidence  upon  which  to 
issue  commissions,  and  the  corresponding  evidence  of  the  election  of 
a  County  Commissioner  shall  be  the  certified  statement  of  the  Secretary 
pro  tern,  of  the  meeting  of  the  Board  at  which  the  election  was  held. 
Any  member  or  members  of  the  County  Board  of  Education  shall  be 
removed  by  the  judges  of  the  Superior  Court  of  the  County,  on  the 
address  of  two-thirds  of  the  Grand  Jury,  for  inefficiency,  incapacity, 
general  neglect  of  duty,  or  malfeasance  or  corruption  in  office;  that  the 
judges  of  the  Superior  Courts  of  this  State  shall  have  the  power  to 
fill  vacancies  by  appointment  in  the  County  Boards  of  Education  for 
the  counties  composing  their  respective  judicial  circuits,  until  the  next 
session  of  the  grand  juries  in  and  for  said  counties,  when  said  vacancies 
shall  be  filled  by  said  grand  juries. 

Officers — sessions. 

SEC.  5.  That  the  Board  of  Education  shall  elect  one  of  their 
number  President,  who  shall  serve  as  such  during  the  term  for  which 
he  was  chosen  a  member  of  the  Board.  Tlie  County  School  Commis- 
sioner shall  be  ex-officio  Secretary  of  the  Board.  A  majority  of  the  ^g£*  of 
Board  shall  constitute  a  quorum  for  the  transaction  of  business.  It  Pase  72- 
shall  be  the  duty  of  said  Secretary  to  be  present  at  the  meetings  of  the 
Board,  and  to  record  in  a  book,  to  be  provided  for  the  purpose,  all 
their  official  proceedings,  which  shall  be  a  public  record  open  to  the 
inspection  of  any  person  interested  therein,  and  all  such  proceedings, 
when  so  recorded,  shall  be  signed  by  the  President  and  countersigned 
by  the  Secretary. 

NOTE. — It  is  important  that  the  minutes  of  the  meetings  of  the  County 
Boards  -of  Education  shall  be  kept  in  full.  Expenditures  authorized 
should  be  itemized. 

SEC.  6.     That  it  shall  be  the  duty  of  the  County  Board  of  Educa- 
tion to  hold  regular  sessions  on  the  first  Tuesday  of  the  month  suc- 
ceeding their  election,  and  each  three  months  thereafter,  at  the  court    Acts  of 
house  of  the  county  for  the  transaction  of  business  pertaining  to  the    page  72. 

13 


COUNTY  BOARD  OF  EDUCATION. 


Acts    Of 

1889, 
page    124. 


Acts  of 
1889, 
page   124. 


Acts   of 
1887, 
page    77. 


public  schools,  with  power  to  adjourn  from  time  to  time,  and  in  the 
case  of  the  absence  of  the  President  or  Secretary,  they  may  appoint 
one  of  their  own  number  to  serve  temporarily. 

NOTE. — In  the  majority  of  the  counties  of  the  State  it  is  found  neces- 
sary in  order  to  keep  up  with  the  business  properly  for  the  County 
Board  of  Education  to  meet  monthly  and  it  is  suggested  that  the  date 
selected  be  well  known  for  the  greater  convenience  of  the  teachers  and 
public. 

School  Sub-Districts — employment  of  teachers — written  contracts 
with  teachers — teachers'  reports — appointment  and  duties 
of  trustees. 

SEC.  7.  That  the  County  Board  shall  lay  off  their  counties  into 
sub-school  districts,  in  each  of  which  sub-school  district  they  shall 
establish  one  common  school  each  for  the  white  and  colored  races  where 
the  population  of  the  two  races,  is  sufficient,  which  schools  shall  be  as 
near  the  center  of  the  sub-school  district  as  can  conveniently  be  ar- 
ranged, reference  being  had  to  any  schoolhouse  already  erected,  and 
population  of  said  sub-district,  and  to  the  location  of  white  and 
colored  schools  with  regard  to  contiguity;  provided,  however,  that  in 
such  sub-school  districts  where  more  than  one  school  is  demanded,  then 
they  may  establish  one  or  more  additional  schools  in  such  sub-school 
district;  and  provided,  also,  that  whenever  it  becomes  proper  to  lay 
off  new  sub-school  districts,  or  alter  the  boundaries  of  those  already 
laid  off,  the  said  Board  shall  have  full  power  to  make  such  changes  as 
the  public  necessities  may  require. 

SEC.  8.  The  said  County  Boards  are  also  empowered  to  employ 
teachers  in  the  manner  hereinafter  pointed  out,  to  serve  in  the  schools 
under  their  jurisdiction,  and  the  contracts  for  said  service  shall  be  in 
writing,  signed  in  duplicate  by  the  teacher  on  his  own  behalf  and  by 
the  County  School  Commissioner  on  behalf  of  the  Board. 

NOTE. — A  large  number  of  the  misunderstandings  between  commis- 
sioners and  teachers  come  from  failure  to  make  contracts  in  writing. 

SEC.  9.  It  shall  be  the  duty  of  the  teachers  to  make  and  file  with 
the  County  Commissioners  at  the  expiration  of  each  term  of  school,  a 
full  and  complete  report  of  the  whole  number  of  scholars  admitted  to 
the  school  during  said  term,  distinguishing  between  males  and  females 
and  colored  and  white  together  with  the  names  thereof,  and  the  entire 
and  the  average  attendance,  the  branches  taught,  the  number  of  pupils 
engaged  in  the  study  of  each  of  the  said  branches,  and  such  other  statis- 
tics as  he  or  she  may  be  required  to  report  by  the  County  Commissioner, 
or  by  the  State  School  Commissioner,  and  until  such  report  shall  have 
been  prepared,  sworn  to  and  filed  by  said  teacher  as  aforesaid,  it  shall 


14 


COUNTY  BOARD  OF  EDUCATION. 

not  be  lawful  for  said  County  Commissioner  to  audit  the  account  of 
said  teacher  for  his  or  her  services. 

SEC.  10.  That  the  County  Boards  of  Education,  whenever,  in  their 
opinion  the  good  of  the  schools  in  their  respective  counties  demand  ^^  ° 
it  may,  at  their  discretion,  appoint  three  intelligent,  upright  citizens  of  page  122. 
each  subdistrict  of  their  respective  counties  to  act  as  school  trustees 
for  their  sub-districts,  naming  one  of  the  appointees  to  serve  for  one 
year,  and  one  for  two,  and  one  for  three  years;  and  as  vacancies 
occur  by  the  expiration  of  the  terms  of  incumbents,  the  Board  shall 
fill  those  vacancies  with  appointees  whose  term  of  service  shall  be 
three  years;  and  should  vacancies  occur  by  death,  resignation,  or  other- 
wise, the  Boards  of  Education  shall  fill  these  vacancies  for  the  unex- 
pired  term;  and  whenever  School  Trustees  are  chosen  as  herein  pro- 
vided, the  fact  shall  be  recorded  in  the  minutes  of  the  County  Boards, 
and  the  appointees  shall  receive  certificates  of  their  appointment  from 
the  County  School  Commissioner,  and  these  certificates  shall  be  their 
sufficient  warrant  for  entering  upon  and  performing  the  duties  of  their 
office.  That  it  shall  be  the  duty  of  the  School  Trustees  herein  pro- 
vided for  to  supervise  the  school  operations  of  their  sub-districts,  to 
visit  the  schools,  and  to  make  such  recommendations  to  the  County 
Boards,  in  relation  to  the  school  interests  of  their  sub-districts,  as  may 
seem  to  them  best,  and  especially  in  the  matter  of  choosing  teachers 
for  their  sub-districts.  It  shall  be  their  right  to  recommend  applicants, 
and  it  shall  be  the  duty  of  the  County  Boards  to  choose  as  teachers  the 
persons  so  recommended;  provided,  they  shall  be  persons  duly  quali- 
fied and  eligible  according  to  the  provisions  of  existing  law;  and  fur- 
thermore, it  shall  be  the  duty  of  the  School  Trustees,  in  recommending 
persons  as  teachers,  to  recommend  those  persons  who,  in  their  opinion, 
are  the  choice  of  the  communities  to  be  served;  and  it  shall,  further- 
more, be  the  duty  of  the  School  Trustees  to  make  a  written  report, 
once  a  year,  to  the  County  Boards  in  relation  to  the  matters  com- 
mitted to  their  supervision,  or  of  tener  if  required  by  the  County  Boards 
of  Education. 

Note — Duties  of  Trustees. 

"You  are,  therefore,  hereby  authorized  and  required  to  perform  all 
the  duties  incumbent  on  you  as  a  Trustee  aforesaid,  according  to  law 
and  the  trust  reposed  in  you.  This  commission  is  to  continue  in  force 
during  active  and  efficient  service  and  for  the  term  pointed  out  by  the 
laws  of  the  State,  which  say  that  this  certificate  shall  be  your  sufficient 
warrant  for  entering  upon  and  performing  the  duties  of  your  office. 
These  duties  are  as  follows:  To  visit  your  school;  to  inspect  the  school 
work  in  your  district,  giving  special  attention  to  the  oral  and  written  ex- 
aminations of  pupils;  to  make  general  recommendations  to  the  Cov!»*i»- 
Board  of  Education  for  the  advancement  of  the  school  interests  in  your 
districts;  to  aid,  by  recommendation  of  desirable  applicants,  the  County 

15 


COUNTY  BOARD  OF  EDUCATION. 

Board  of  Education  in  choosing  teachers  for  your  schools;  to  see  that  the 
school  house  is  in  good  repair  and  equipped  for  good  work,  and  that 
the  school  grounds  are  properly  improved  and  supplied  with  shade,  fuel, 
water  and  other  necessaries-  to  make  a  written  report,  once  a  year,  to 
the  County  Board,  in  relation  to  the  matters  committed  to  your  super- 
vision, or  oftener  if  required  by  the  County  Board  of  Education. 

"As  you  have  opportunity  impress  upon  patrons  and  pupils  the  im- 
portance of  regular  attendance,  of  hearty  home  co-operation  and  estab- 
lishing and  using  school  libraries. ' ' — Extract  from  Trustees  Commission. 


Acts  Of 

1887, 
page   73. 


Acts  of 
1898, 
page   71. 


School  property — races  taught  separately — building  of  schoolhouses 
— defining  and  regulating  public  school  term. 

SEC.  11.  That  the  County  Board  of  Education  shall  have  power 
to  purchase,  lease,  or  rent  school  sites;  to  build,  repair,  or  rent  school- 
houses;  to  purchase  maps,  globes  and  school  furniture,  and  to  make  all 
other  arrangements  of  this  kind  necessary  to  the  efficient  operation  of 
the  schools  under  their  care;  and  the  said  Boards  shall  also  be,  and 
are  hereby,  invested  with  the  title,  care,  and  custody  of  all  school- 
houses,  sites,  school  libraries,  apparatus,  or  other  property  belonging 
to  sub-districts  as  now  defined,  or  as  may  hereafter  be  defined,  in  their 
several  counties,  with  all  power  to  control  the  same,  in  such  manner 
as  they  think  will  best  subserve  the  interests  of  common  schools;  and 
when,  in  the  opinion  of  the  Board,  any  school-house  site  has  become 
unnecessary  or  inconvenient,  they  may  sell  and  convey  the  same  in 
the  name  of  the  County  Board  of  Education,  such  conveyance  to  be 
executed  by  the  President  or  Secretary  of  said  Board  according  to  'the 
order  of  the  Board.  They  shall  have  power  to  receive  any  gift,  grant, 
donation,  or  devise  made  for  the  use  of  common  schools  within  their 
respective  counties;  and  all  conveyances  of  real  estate  which  may.be 
made  to  said  Board  shall  vest  the  property  in  said  Board  of  Education 
and  their  successors  in  office.  It  shall  also  be  the  duty  of  said  Board  of 
Education  to  make  arrangements  for  the  instruction  of  the  children 
of  the  white  and  colored  races  in  separate  schools.  They  shall,  as  far 
as  practicable,  provide  the  same  facilities  for  both  races  in  respect  of 
attainments  and  abilities  of  teachers  and  length  of  term-time;  but  the 
children  of  the  white  and  colored  races  shall  not  be  taught  together  in 
any  common  or  public  school  of  this  State;  and  in  respect  to  the  build- 
ing of  the  schoolhouses  mentioned  in  this  Section,  the  said  Board  of 
Education  may  provide  for  the  same,  either  by  labor  on  the  part  of 
the  citizens  of  subdistricts  to  be  served,  or  by  a  tax  on  their  property, 
as  may  be  hereinafter  provided. 

SEC.  12.  The  several  County  Boards  of  Education  of  this  State 
shall  have  full  power  and  authority  to  define  and  regulate  the  length 
of  the  public  school  terms  of  their  respective  counties. 


16 


COUNTY  BOARD  OF  EDUCATION. 


Judicial  tribunal — appeals. 

SEC.  13.  That  the  County  Board  of  Education  shall  constitute  a 
tribunal  for  hearing  and  determining  any  matter  of  local  controversy  iss? 
in  reference  to  the  construction  of  administration  of  the  school  law, 
with  power  to  summon  witnesses  and  take  testimony  if  necessary;  and 
when  they  have  made  a  decision,  said  decision  shall  be  binding  upon  the 
parties  to  the  controversy;  provided,  that  either  of  the  parties  shall 
have  the  right  to  appeal  to  the  State  School  Commissioner,  and  said 
appeal  shall  be  made  through  the  County  Commissioner  in  writing,  and 
shall  distinctly  set  forth  the  question  in  dispute,  the  decision  of  the 
County  Board  and  the  testimony,  as  agreed  upon  by  the  parties  to  the 
controversy,  or  if  they  fail  to  agree,  upon  the  testimony  as  reported  by 
the  Commissioner. 


Acts  of 


page    74. 


Vaccination. 

SEC.  14.     That  the  County  Board  of  Education  in  the  counties  of 
this  State,  and  the  Boards  of  Public  Education  for  the  cities  of  this    Acts  of 
State  be,  and  they  are  hereby,  authorized  and  empowered  to  make  such    page  98. 
regulations  as  in   their  judgment  shall  seem  requisite  to  insure  the 
vaccination  of  the  pupils  in  their  respective  schools,  and  may  require 
all  scholars  or  pupils  to  be  vaccinated  as  a  prerequisite  to  admission 
to  their  respective  schools. 

Selection  —  qualification  —  duties. 

SEC.  15.  Be  it  further  enacted,  That  the  County  Board  of  Educa- 
tion shall  consist  of  (5)  members  as  now  provided  by  law  and  selected  1911, 
by  the  grand  jury  as  now  provided  by  law,  except  that  the  grand  jury  page 
in  selecting  such  members  shall  not  select  one  of  their  own  number 
then  in  session,  nor  shall  they  select  any  two  of  those  selected  from 
the  same  militia  district  or  locality,  nor  shall  they  select  any  person 
who  resides  within  the  limits  of  a  local  school  system  operated  inde- 
pendent of  the  County  Board  of  Education,  but  shall  apportion  mem- 
bers of  the  Board  as  far  as  practicable  over  the  county;  they  shall 
select  men  of  good  moral  character,  who  shall  have  at  least  a  fair 
knowledge  of  the  elementary  branches  of  an  English  education  and  be 
favorable  to  the  common  school  system. 

SEC.  16.     Be  it  further  enacted,  That  the  County  Board  of  Edu- 
cation shall  have  and  exercise  all  the  powers  that  are  now  exercised 
by  the  County  Board  of  Education  except  as  may  be  herein  changed;    page  IDS. 
provided,  That  the  County   Superintendent    of    Schools    and    County 
Board  of  Education  shall  make  rules  to  govern  the  county  schools  of 


of 


17 


COUNTY  BOARD  OF  EDUCATION. 

their  respective  counties;  upon  being  called  together  by  some  one  of 
their  number  after  their  selection,  they  shall  organize  by  selecting  a 
chairman.  The  County  Superintendent  shall  act  as  Secretary  of  the 
Board,  and  keep  the  minutes  of  their  meetings  and  make  a  permanent 
record  of  the  same  and  do  any  other  clerical  work  that  they  may 
direct  him  to  do.  Said  board  may  suspend  the  County  Superintendent 
same  as  State  Superintendent,  and  may  suspend  teachers  same  as 
County  Superintendent.  In  each  case  there  may  be  an  appeal  to 
State  Board. 


Acts  of 

1911, 
page  104. 


Acts  of 
1911, 
page  105. 


Consolidation. 

SEC.  17.  Be  it  further  enacted,  That  after  the  passage  of  this 
Act,  the  Board  of  Education  of  any  county  shall  have  the  right  if,  in 
their  opinion,  the  welfare  of  the  schools  of  the  county  and  the  best 
interests  of  the  pupils  require,  to  consolidate  two  or  more  schools 
located  in  the  same  or  different  districts  into  one  school,  to  be  located 
by  said  Board  at  a  place  convenient  to  the  pupils  attending  the  same, 
said  school-house  to  be  located  as  near  the  center  of  the  district  or 
districts  involved  as  practicable.  Whenever  two  or  more  schools  are 
consolidated  as  hereinafter  provided,  the  County  Superintendent  shall 
call  an  election  of  trustees  for  said  consolidated  schools  from  the  dis- 
trict or  districts  concerned;  said  election  shall  be  held  in  accordance 
with  the  provisions  of  existing  law,  and  the  result  determined  and 
declared  by  the  Board  of  Education.  The  County  Board  of  Education 
shall  have  the  further  power,  when  the  best  interests  of  schools  demand, 
to  separate  or  divide  any  school  district  into  two  or  more  school  dis- 
tricts and  to  provide  for  the  election  of  a  Board  of  Trustees  for  each 
of  said  districts,  and  to  do  all  other  things  for  the  government  and 
control  of  said  districts  as  is  herein  provided  for  the  organization  and 
control  of  school  districts.  Provided)  That  such  County  Boards  of 
Education  shall  have  authority  to  establish  two  schools  in  any  school 
district  in  this  State  if  they  deem  it  best  to  do  so. 

SEC.  18.  Be  it  further  enacted,  That  whenever  in  the  opinion 
of  the  County  Board  of  Education,  the  best  interests  of  the  school 
demand,  the  Board  of  Education  shall  have  the  right  to  consolidate 
two  or  more  districts  or  parts  of  districts  or  to  add  any  part  of  one 
district  to  any  other  district  or  to  change  the  line  or  lines  of  any 
district  at  any  time,  when  in  their  judgment,  the  best  interests  of  the 
schools  require  such  change,  into  one  school  district  with  the  purpose 
of  the  election  of  the  Board  of  Trustees  and  of  the  location  of  the  school 
at  some  central  place  as  hereinbefore  provided;  but  should  as  many 
as  ten  of  the  patrons  of  the  said  school  or  schools  object  to  the  con- 


18 


COUNTY  BOARD  OF  EDUCATION. 

solidation,  it  shall  be  the  duty  of  the  County  Superintendent  to  call  an 

election  to  be  held  in  said  district  or  districts  affected,  giving  thirty 

(30)  days  notice  of  same  by  publishing  the  same  once  a  week  for  four 

weeks  in   the  paper  in  which   County  advertisements   are   published, 

and  also  by  posting  notice  at  three  or  more  public  places  in  the  dis-    Acts  of 

trict,  or  districts  to  be  affected  thereby,   at  which  election  should   a    *|^!  106 

majority  of  the  qualified  voters  vote  for  consolidation  the  schools  shall 

be  consolidated;  otherwise,  not.     The  result  of  such  election  shall  be 

determined  and  declared  by  the  Board  of  Education  and  the  same  shall 

be  held  as  other  elections  are  held. 

Transportation. 

SEC.  19.  Be  it  further  enacted,  That  whenever  the  County  Board 
of  Education  deems  it  for  the  best  interest  of  a  school,  it  shall  have 
the  right  to  provide  means  for  the  transportation  of  the  pupils  to  and 
from  said  school;  provided,  That  no  school  is  established  in  three  miles 
of  the  pupils  to  be  transported;  provided,  further  That  this  shall  only 
apply  to  school  or  schools  where  two  or  more  districts  have  been  com- 
bined or  consolidated  and  such  other  schools  that  are  now  furnishing 
transportation.  No  school  trustee,  teacher  or  superintendent  of  county 
schools  shall  be  interested  financially  in  the  transportation  of  pupils. 


TO  ENABLE  COUNTY  BOARDS  OF  EDUCATION  TO 
BORROW  MONEY. 


SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia 
and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  from  and  191*0,  Ol 
after  the  passage  of  this  Act,  the  County  Boards  of  Education  of  the  page  77' 
several  counties  of  this  State  shall  have  the  power  and  authority  when- 
ever they  deem  it  necessary  to  borrow  a  sufficient  amount  of  money, 
and  no  more,  to  pay  the  salaries  of  the  teachers  in  the  public  schools 
of  their  counties;  provided,  however,  That  no  Board  of  Education  shall 
have  the  right  to  borrow  money  to  pay  the  salaries  of  the  public  school 
teachers  of  said  county,  for  any  time  except  the  current  school  year  in 
which  it  is  so  borrowed.  Provided,  That  no  Board  of  Education  shall 
have  authority  under  this  Act  to  borrow  a  sum  of  money  greater  in 
the  aggregate  than  the  sum  to  which  the  county  may  be  entitled  from 
the  public  school  fund. 

19 


Acts  of 
1910, 
page  77. 


Acts  of 
1910, 
page  77. 


Acts   of 
1910, 
page   78. 


Acts  of 
1910, 
page   78. 


Acts  of 
1910, 
page  78. 


Acts  of 
1910, 
page   78. 


COUNTY  BOARD  OF  EDUCATION. 

SEC.  2.  Be  it  further  enacted  that  in  order  for  any  Board  of  Edu- 
cation to  borrow  money  for  the  purpose  hereinbefore  stated  there  shall 
be  passed  by  said  Board  a  resolution  authorizing  said  money  to  be 
borrowed  in  which  resolution  it  shall  be  stated  the  amount  of  money  to 
be  borrowed,  the  length  of  time  the  same  is  to  be  used,  the  rate  of 
interest  to  be  paid  and  for  what  purpose  borrowed  and  from  whom 
the  same  is  to  be  borrowed,  which  resolution  shall  be  by  the  County 
School  Commissioner  recorded  on  the  minutes  of  the  meetings  of  said 
Board  of  Education. 

SEC.  3.  Be  it  further  enacted  That  no  money  shall  be  borrowed 
for  any  longer  time  than  is  necessary  and  the  same  shall  be  paid  back 
out  of  any  funds  coming  into  the  hands  of  the  County  School  Com- 
missioner that  can  be  legally  applied  to  the  payment  of  the  same. 

SEC.  4.  Be  it  further  enacted,  That  said  Board  of  Education  so 
borrowing  money  shall  borrow  the  same  at  as  low  a  rate  of  interest 
as  possible  and  they  are  authorized  to  pay  the  interest  on  said  money 
out  of  the  public  school  fund  for  said  county. 

SEC.  5.  Be  it  further  enacted,  That  at  the  spring  term  of  the 
Superior  Court  of  each  county  in  this  State  where  money  has  been 
borrowed  by  the  Board  of  Education  under  the  provisions  of  this 
Act  the  County  School  Commissioner,  shall  include  in  his  report  to 
the  grand  jury  the  amount  of  money  so  borrowed  during  the  preceding 
year,  from  whom  borrowed,  the  rate  of  interest  paid,  the  date  or  dates 
the  same  was  borrowed  and  when  paid  back. 

SEC.  6.  Be  it  further  enacted,  That  after  the  resolution  aforesaid 
has  been  passed  by  any  Board  of  Education  the  President  of  the  Board 
of  Education  together  with  the  County  School  Commissioner  shall  have 
the  right  to  execute  a  note  or  notes  in  the  name  of  the  Board  of 
Education  of  said  county  for  any  money  that  is  authorized  to  be 
borrowed,  under  the  resolution  passed  by  said  Board  of  Education. 

SEC.  7.  Be  it  further  enacted,  That  when  any  money  shall  be 
borrowed  under  the  provisions  of  this  Act  the  same  shall  be  paid  over 
to  the  County  School  Commissioner  and  become  a  part  of  the  public 
school  fund  of  said  county  and  the  same  shall  be  by  the  County  School 
Commissioner  paid  out  to  the  teachers  of  said  county  and  the  County 
School  Commissioner  shall  be  responsible  for  any  money  borrowed 
under  authority  of  this  Act  and  paid  into  his  hands  in  the  same  way 
and  to  the  same  extent  that  he  is  responsible  for  any  other  public  school 
funds  coming  into  his  hands. 

Note. — Most  counties  are  now  receiving  funds  monthly  under  the  pro- 
visions of  the  Walker  Bill. 


20 


COUNTY  SUPERINTENDENT  OF  SCHOOLS. 


IV. 
COUNTY  SUPERINTENDENT  OF  SCHOOLS. 


Election — qualification — duties. 

SECTION  1.  Be  it  further  enacted,  That  the  office  of  County  Sup- 
erintendent of  Education  shall  be  substituted  for  the  office  of  County 
School  Commissioner;  provided,  That  the  persons  now  holding  the  AC*S  of 
office  of  County  School  Commissioner  shall  continue  to  serve  as  page  101. 
County  Superintendent  of  Schools  during  the  remainder  of  the  term 
for  which  they  were  elected  respectively.  In  the  regular  election  for 
State-house  officers  prior  to  the  expiration  of  the  present  term  of 
office  of  the  county  School  Commissioner,  there  shall  be  elected  by 
the  qualified  voters  of  each  county  in  this  State  a  County  Superinten- 
dent of  Schools,  whose  terms  of  office  shall  be  for  four  years;  and 
every  four  years  thereafter  there  shall  be  an  election  for  the  purpose  of 
filling  such  office.  The  duties  of  the  County  Superintendent  of  Schools 
shall  be  the  same  as  those  of  the  County  School  Commissioner,  except 
as  hereinafter  changed.  It  shall  be  his  duty  to  enforce  all  regulations, 
rules,  and  instructions  of  the  State  Superintendent  of  Schools  and  of 
the  County  Board  of  Education  according  to  the  laws  of  the  State 
and  the  rules  and  regulations  made  by  the  said  State  Board  of  Educa- 
tion that  are  not  in  conflict  with  the  State  laws;  and  he  shall,  together 
with  the  State  Supervisors  hereinbefore  provided  for,  superintend  the 
county  normals  and  institutes  for  the  teachers  of  his  county,  and  shall 
visit  every  school,  both  white  and  colored,  within  his  school  district 
which  receives  State  aid,  at  least  once  every  sixty  (60)  days  and 
familiarize  himself  with  the  studies  taught  in  said  schools,  see  what 
advancement  is  being  made  by  the  pupils,  advise  with  the  teachers  and 
otherwise  aid  and  assist  in  the  advancement  of  education. 

Note. — The  County  Superintendent  of  Schools  must  give  bond  with 
good  security  (surety  company  preferred)  payable  to  the  County  Board 
of  Education,  the  amount  to  be  decided  by  the  County  Board  of  Educa- 
tion. (See  Acts  of  1887,  page  74.)  This  bond  should  be  filed  with  the 
Ordinary  and  recorded  by  him. 

SEC.    2.     He   shall    superintend    examinations   of    all    teachers    of 
his  county  as  provided  by  law.    He  shall  hereafter  suspend  any  teacher   Acts  of 
under  his  supervision  for  a  non-performance  of  duty,  incompeteney,    page  102. 

21 


COUNTY  SUPERINTENDENT  OF  SCHOOLS. 


Acts  of 
1911, 
page   102. 


Acts   of 
1911. 

page   103. 


immorality  or  inefficiency,  and  for  other  good  and  sufficient  cause,  from 
which  decision  the  teacher  may  appeal  to  the  County  Board  of  Educa- 
tion, and  either  being  dissatisfied  with  their  decision,  they  can  appeal 
to  the  State  Superintendent  or  from  there  to  the  State  Board  of  Educa- 
tion, the  decision  of  which  shall  be  final. 

SEC.  3.  Before  any  person  shall  be  qualified  or  eligible  to  the 
office  of  County  Superintendent  of  Schools,  he  shall  have  had  at  least 
three  years'  practical  experience  in  teaching,  one  year  of  which  shall 
have  been  in  the  schools  of  Georgia,  hold  a  first  grade  license,  or  in 
lieu  thereof  shall  have  a  diploma  from  a  reputable  college  or  normal 
school,  or  shall  have  had  five  years'  experience  in  the  actual  supervision 
of  schools  or  stand  an  approved  examination  before  the  State  Board 
as  to  his  qualifications,  and  be  a  resident  of  the  county  in  which  he 
offers  for  election,  be  a  person  of  good  moral  character,  never  con- 
victed of  any  crime  involving  moral  turpitude.  The  County  Superin- 
tendent shall  perform  all  the  clerical  duties  which  are  now  required 
of  the  County  School  Commissioner. 

SEC.  4.  Be  it  further  enacted,  that  each  County  School  Superin- 
tendent within  the  State  of  Georgia  shall  receive  a  minimum  salary  of 
$450.00  per  annum,  and  an  annual  allowance  of  $150.00  for  the  pur- 
pose of  defraying  the  expenses  of  visiting  the  schools  within  his  county 
at  least  every  sixty  (60)  days,  or  a  total  of  $600.00,  which  salary  shall 
be  paid  out  of  the  school  funds  of  Georgia  monthly;  and  in  addition 
thereto,  the  county  Board  of  Education  shall  allow  such  additional 
compensation  for  the  services  to  be  rendered  as  may  be  in  their  judg- 
ment proper  and  just. 


Acts  of 

1887, 
page  75. 


Oath. 

SEC.  5.  Before  entering  upon  the  discharge  of  his  official  duties 
the  said  Commissioner  shall  take  and  subscribe  to  the  same  oath  re- 
quired of  the  other  officers  of  this  State. 


Acts   of 

1887, 
page  76. 


Removal  from  office — successor. 

SEC.  6.  The  County  School  Commissioner  may  be  removed  from 
office  before  the  expiration  of  his  term  by  a  majority  vote  of  the  Board 
of  Education  for  inefficiency,  incapacity,  neglect  of  duty,  or  malfea- 
sance or  corruption  in  office;  provided,  that  any  Commissioner  so  re- 
moved shall  have  the  right  of  appeal  from  the  action  of  the  County 
Board  to  the  State  School  Commissioner,  and  from  the  State  School 
Commissioner  to  the  State  Board  of  Education. 


22 


COUNTY  SUPERINTENDENT  OF  SCHOOLS. 
Duties  —  compensation  —  office  —  compensation  in  special  cases. 

SEC.  7.  That  the  County  Commissioner  shall  constitute  the  medium 
of  communication  between  the  State  School  Commissioner  and  the 
subordinate  school  officers;  that  he  shall  visit  each  school  in  his  county  Acts  of 
at  least  once  during  the  school  term,  or  twice  if  practicable,  and  oftenei  page  77. 
if  ordered  by  the  Board,  and  without  notice  to  the  teachers,  for  the 
purpose  of  inspecting  its  management  and  the  mode  of  instruction, 
and  of  giving  such  advice  and  making  such  suggestions  as  shall  tend 
to  elevate  it  in  character  and  efficiency.  He  shall  be  the  agent  of  the 
County  Board  in  procuring  such  school  furniture,  apparatus,  and 
educational  requisites  as  they  may  order  to  be  purchased,  and  shall 
see  that  none  but  the  prescribed  text-books  are  used  by  the  pupils; 
that  it  shall  be  his  duty  to  audit  all  accounts  of  teachers  and  others 
before  an  application  is  made  to  the  County  Board  for  an  order  for 
payment,  and  that  the  said  County  Commissioner  shall  procure  a  book, 
in  which  he  shall  keep  a  record  of  his  official  acts,  which,  together 
with  all  the  books,  papers  and  property  appertaining  to  his  office,  he 
shall  turn  over,  on  his  resignation,  or  at  the  expiration  of  his  official 
term,  to  his  successor. 

Seal  upon  licenses. 

SEC.  8.     It  shall  be  the  duty  of  every  County  School  Commissioner 
in  this  State  to  place  upon  all  teachers'  licenses  issued  by  them  the  seal    A8Cg7p  Ol 
of  the  Board  of  Education  of  the  county  for  which  they  are  commis-    page  92- 
sioner. 

SEC.  9.     That  it  shall  be  the  duty  of  the  county  authorities  of  the 
different  counties  of  this  State  to  furnish  the  County  School  Commis-  Ol 


sioners  thereof  an  office  in  the  court-house  thereof;  provided,  there  is    page  63> 
sufficient  room  in  said  court-house  after  furnishing  the  county  officers 
of  such  county  with  offices  as  now  provided  by  law. 

School  officers  authorized  to  administer  oaths. 

SEC.  10.     That  County  School  Commissioners  and  members  of  the 
County  Boards  of  Education  shall  be  empowered  and  authorized  to    IBS?,  Ol 
administer  such  oaths  as  may  be  necessary  in  transacting  school  busi-   page  81- 
ness  or  in  conducting  investigations  before  the  County  Board  when 
sitting  as  judicial  tribunals  for  determining  controversies  arising  under 
school  laws. 

Report  to  grand  jury  —  duty  of  grand  jury  in  matter  of  report. 

SEC.  11.     That  it  shall  be  the  duty  of  the  County  School  Commis-    Acts  of 
sioner  of  each  of  the  counties  of  this  State  to  make  a  report  of  the    p||e'  81 


COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

school  operations  of  the  preceding  year  to  the  grand  jury,  at  the 
spring  term  of  the  court,  and  to  place  his  books  before  them  for  ex- 
amination; and  in  making  up  the  general  presentments  it  shall  be  the 
duty  of  the  jury  to  take  proper  notice  of  the  matters  thus  brought  to 
their  attention. 


FILL  UNEXPIRED  TERMS  OF  COUNTY  SCHOOL  COMMISSIONER. 


Acts   of 
1910, 
page  76. 


SEC.  12.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Georgia  and  it  is  hereby  enacted  by  authority  of  the  same,  that 
Section  4  of  said  Act  be  amended  by  striking  from  Section  4  all  the 
words  thereof  after  the  word  "term"  in  the  seventh  line  and  sub- 
stituting the  words  "and  in  such  case  the  provisions  of  Section  2  hereof 
shall  not  apply,  so  that  said  Section  as  amended  will  read  as  follows: 
Section  4.  Be  it  further  enacted  by  the  authority  aforesaid,  That  in 
case  of  a  vacancy  caused  by  death,  resignation,  removal  from  office  or 
from  any  cause  whatsoever  in  the  office  of  County  School  Commis- 
sioner in  any  county  of  this  State,  the  County  Board  of  Education 
shall  elect  a  County  School  Commissioner  for  the  unexpired  term,  and 
in  such  case  the  provisions  of  Section  2  hereof  shall  not  apply." 


UNIFORM  TERMS  FOR  COUNTY  SUPERINTENDENTS. 


Acts  of 
1912, 
page   180. 


Acts   of 
1912, 
page  180. 


SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Georgia  and  it  is  hereby  enacted  by  authority  of  the  same,  that  the 
term  of  office  of  County  Superintendent  of  Schools  in  each  and  every 
county  of  the  State  of  Georgia  shall  begin  with  the  first  day  of  January 
1913,  and  terminate  with  the  first  day  of  January,  1917,  and  that  the 
said  County  Superintendent  of  Schools  shall  be  elected  for  a  term  of 
four  years  as  now  provided  by  law  at  the  same  time  and  places  as 
State  and  county  officers. 

SEC.  2.  Be  it  further  enacted  that  the  term  of  office  of  all  County 
Superintendents  of  Schools  beginning  during  the  year  1912,  shall  con- 
tinue until  the  first  day  of  January,  1917,  or  until  their  successors  are- 
elected  and  qualified  as  is  now  provided  by  law. 


24 


FINANCIAL. 


V. 
FINANCIAL. 


Amended 
Acts  of 
1894, 
page  60. 


Itemized  Statements  of  claims  against  school  fund — prompt 
disbursement. 

SECTION  1.  That  the  County  School  Commissioner  of  each  county 
shall,  under  the  approval  of  the  County  Board  of  Education,  trans- 
mit to  the  State  School  Commissioner  an  itemized  statement  of  the 
various  sums  due  and  unpaid  by  the  county  Board  of  Education  on 
said  several  dates  mentioned  in  Section  2,  whether  the  same  be  for 
teachers'  salaries,  for  pay  of  the  County  School  Commissioner,  or  for  any 
other  item  of  expense  properly  chargeable  under  the  law  to  the  County 
Board  of  Education,  and  when  said  itemized  statements  have  been  ap- 
proved by  the  State  School  Commissioner  and  presented  to  the  Gov- 
ernor, the  Governor  shall  issue  his  warrants  upon  the  Treasurer  for 
all  the  funds  standing  to  the  credit  of  each  of  the  several  counties  upon 
the  books  of  the  Treasurer,  or  for  such  part  thereof  as  may  be  needed 
to  liquidate  the  indebtedness  to  the  County  Board  of  Education  of 
such  county,  as  shown  by  each  itemized  statement  aforesaid.  And  the 
State  Treasurer  shall,  upon  the  presentation  of  the  warrants  afore- , 
said,  draw  his  checks  for  the  amount  of  said  warrants  in  favor  of 
the  County  School  Commissioners  of  the  several  counties,  and  the 
State  School  Commissioner  shall  immediately  transmit  said  checks  to 
the  several  County  School  Commissioners,  who  shall  promptly  disburse 
the  money  so  received  in  payment  of  the  sums  set  out  in  the  itemized 
statement  aforesaid;  and  if  the  money  is  not  sufficient  to  pay  said  sums 
in  full,  then  it  shall  be  prorated  among  the  various  items;  provided, 
that  the  expenses  of  administration  for  each  month  shall  first  be  paid 
in  full,  and  the  County  Boards  of  Education  are  hereby  authorized  to 
make  their  contracts  in  such  manner  that  the  amounts  payable  to 
teachers  for  services  rendered  shall  become  due  and  payable  monthly. 

School  year  begins  January  1st — operation  of  schools. 

SEC.  2.     That  beginning  with  January  1st,  1895,   and  continuing  Amended 

thereafter,  the  school  year  shall  be  coincident  with  the  calendar  year,  Acts  of 

to-wit:  from  January  1st  to  December  31st  thereafter,  and  the  State  page  si. 
School  Commissioner,  State  Treasurer,  and  Comptroller-General  shall, 

25 


FINANCIAL. 

on  or  before  the  first  Tuesday  in  December  each  year  beginning  in 
1894,  or  as  soon  thereafter  as  practicable,  make  an  estimate  of  the 
entire  common  school  fund  for  the  State  for  the  next  succeeding  school 
year,  and  shall  at  once  communicate  in  writing  to  the  County  School 
Commissioner  of  each  county  the  amount  of  money  that  will  be  pay- 
able to  his  county;  and  on  the  first  Tuesday  in  January  in  each  year, 
or  as  soon  thereafter  as  practicable,  each  County  Board  of  Education 
shall  meet  and  make  the  necessary  arrangements  for  placing  the  schools 
in  operation  for  the  next  school  year,  and  shall  have  full  authority  in 
their  discretion  either  to  fix  salaries  for  the  payment  of  teachers,  or 
to  pay  them  according  to  the  enrollment  or  attendance;  provided,  that 
1898,  °f  nothing  in  this  Act  shall  be  construed  to  affect  the  right  of  the  re- 

page  71.  spective  counties  of  the  State  to  select  the  time  of  operating  their 
schools,  which  shall  be  left  entirely  to  the  County  Boards  of  Educa- 
tion, nor  shall  it  affect  or  change  the  time  of  operating  their  schools 
under  any  special  or  local  laws  in  any  county  in  this  State;  provided 
further,  it  shall  not  affect  the  monthly  payment  of  teachers  as  by 
this  Act  directed. 

Payments  to  local  school  systems. 

SEC.  3.     That  in  those  counties  having  local  school  laws  where  the 
Acts  of  schools  are  sustained  by  local  taxation  for  a  period  of  five  months  or 

1894,  more,  the  State  School  Commissioner  shall,  on  the  first  day  of  each 

D£L£TG     fl2 

month,  or  as  soon  thereafter  as  practicable,  notify  the  Governor  of  the 
amount  of  funds  standing  to  the  credit  of  each  of  such  counties  on  the 
books  of  the  Treasurer  on  said  dates,  and  thereupon  the  Governor  shall 
issue  his  warrants  for  said  sums  and  the  Treasurer  shall  draw  his 
checks  for  said  sums  without  requiring  the  itemized  statements  as  pro- 
vided in  Section  33;  and  the  State  School  Commissioner  shall  im- 
mediately transmit  said  checks  to  the  officer  under  the  local  school 
system  authorized  to  receive  its  funds,  and  the  State  School  Commis- 
sioner shall  in  like  manner,  pay  over  to  the  proper  officer  under  the 
school  board  of  any  town  or  city  having  a  school  system  sustained  by 
local  taxation  for  a  period  of  five  months  or  more,  and  to  which  he 
is  now  authorized  by  law  to  make  direct  apportionments,  such  propor- 
tion of  the  entire  county  fund  as  shown  on  the  books  of  the  Treasurer 
as  the  school  population  of  the  town  or  city  bears  to  the  population  of 
the  county,  as  shown  by  the  last  school  census;  provided,  that  all  chil- 
dren of  school  age  resident  in  said  county,  and  attending  the  public 
schools  of  such  town  or  city,  shall  be  counted  in  the  school  population 
of  such  town  or  city  and  be  entitled  to  have  their  share  of  such 
county  fund  paid  over  to  the  proper  officers  of  the  school  board  of 
such  town  or  city. 

26 


FINANCIAL. 


1887, 
page  79. 


Relief  of  forfeiture  of  school  fund — unused  balances. 

SEC.  4.  That  whenever  a  County  Board  of  Education,  or  Board  of 
Education  of  any  city,  shall  hereafter  fail  in  any  year  to  make  arrange-  Acts  of 
ments  to  put  schools  in  operation,  said  county  or  city,  as  the  case  may 
be,  shall  forfeit  all  right  to  participation  in  the  school  fund  of  that  year, 
unless  the  failure  to  arrange  for  schools  was  from  Providential  cause, 
or  other  good  and  sufficient  reason,  the  sufficiency  of  the  reason  to  be 
judged  of  by  the  State  Board  of  Education.  That  in  all  cases  where 
any  of  the  counties  of  this  State  have  heretofore  or  may  hereafter  Acts  of 
leave  unused  in  the  State  Treasury  any  part  of  the  public  school  fund 
to  which  they  are  entitled  under  the  law,  such  fund  shall  be  kept 
separate  and  applied  to  the  use  and  benefit  of  the  respective  counties 
•entitled  to  the  same. 


1903, 
page  65. 


Failure  to  put  schools  in  operation. 

SEC.  5.     That  any  county  or  city,  which  has  failed  to  put  schools 
in  operation  in   any  past  year,  and  has  never  received  its  pro  rata    Acts  of 
part  of  the  State  School  Fund  for  that  year,  shall  still  be  entitled  to    page  79. 
receive  through  the  properly  constituted  authorities  of  the  county  or 
<jity  that  pro  rata;  provided,  that  the  County  School  Commission  of 
such  county  shall  receive  no  compensation  from  the  school  fund  of  said 
county   for   such   year,    except    for   services    rendered   in   taking   the 
enumeration  of  the  school  population. 

SEC.  6.  Such  unused  funds  may  be  used  by  the  respective  boards 
of  education  of  the  counties  entitled  to  the  same  for  school  purposes 
in  their  respective  counties,  and  may  be  drawn  on  for  such  purpose  as 
is  now  provided  by  law. 

NOTE. — If  any  public  officer  of  any  county  in  this  State  shall  buy  up 
at  a  discount,  or  in  any  manner  speculate  in  what  are  known  as  "county 
orders"  or  in  "jury  scrip,"  or  any  order  or  scrip  which  is  to  be  paid 
out  of  any  public  fund  of  this  State  or  of  any  county  in  this  State,  he 
shall  be  punished  as  for  a  misdemeanor  and  shall  be  removed  from  office. 
(Code  1895,  Vol.  IH,  Sec.  277.) 


Sources  of  School  Fund. 

NOTE. — The  Acts  of  1887,  which  specified  certain  sources  of  the  school 
fund  such  as  poll  tax,  liquor  tax,  half  the  rental  of  the  W.  &  A.  Bail- 
road,  etc.,  have  been  changed  in  order  to  make  the  school  fund  a  defi- 
nite sum  each  year,  no  matter  what  may  be  the  amounts  received  from 
the  sources  mentioned.  For  1916  the  amount  is  $2.700,000. 


FINANCIAL. 

PROMPT  PAYMENT  OF  TEACHERS. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  and 
it  is  hereby  enacted  by  authority  of  the  same,  That,  for  the  purpose  of 
page  56.  anticipating  collection  of  the  taxes  of  the  current  year,  the  Governor 
shall  be,  and  he  is  hereby  authorized,  to  draw  his  warrant,  at  the  end 
of  each  and  every  month  during  the  current  year,  in  favor  of  the  State 
School  Superintendent  or  of  the  several  county  school  superintendents 
and  treasurers  of  local  school  systems,  in  the  discretion  of  the  State 
Board  of  Education,  for  such  amount  or  amounts  as  are  then  due  the 
teachers.  Said  warrants  shall  be  drawn  on  the  funds  appropriated 
by  the  Legislature  for  the  current  year,  and  shall  not  exceed  in  the 
aggregate  amount  the  appropriation  for  the  public  schools  so  made  for 
that  year.  The  honor  of  the  State  is  hereby  pledged  to  the  payment 
thereof. 

SEC.  2.  Be  it  further  enacted  by  the  authority  aforesaid,  That  it 
shall  be  lawful  to  sell  at  a  discount  said  warrants  to  any  person,  bank, 
or  banking  institution,  the  said  sale  to  be  made  at  the  lowest  possible 
rate  of  discount. 

SEC.  3.  Be  it  further  enacted  by  the  authority  aforesaid,  That  all 
laws  or  parts  of  laws  in  conflict  with  this  Act  be  and  the  same  are 
hereby  repealed. 


28 


COUNTY  INSTITUTES. 


VI. 
COUNTY  INSTITUTES. 


Subjects — held    by   County   School   Commissioners — prepared   by 
State  School  Commissioner — special  examinations. 

SECTION  1.  An  Act  authorizing  the  State  School  Commissioner  to 
organize  and  establish  in  each  county  in  Georgia  a  Teachers'  County 
Institute  for  the  assembling  and  instruction  of  the  common  school 
teachers  of  each  county  in  the  State,  said  institute  to  hold  an  annual 
session  of  one  week's  duration  in  each  county  of  Georgia  in  the  period 
of  June,  July  and  August,  or  in  such  other  month  as  the  State  School 
Commissioner  may  deem  best  and  expedient;  provided,  however,  that 
the  State  School  Commissioner  may,  in  his  discretion,  combine  the  an- 
nual session  of  said  institutes  or  any  number  of  them,  so  that  the  same 
may  be  held  in  any  county  designated  by  him;  to  prepare  a  program 
of  exercises,  with  a  syllabus  of  each  subject  named  in  said  program, 
for  each  day's  session  of  said  institute ;  to  require  County  School  Com- 
missioners to  operate  at  their  regular  per  diem,  said  institute  sessions 
under  such  general  rules  and  regulations  as  he  may  deem  best;  to 
require  all  persons,  white  and  colored,  teaching  in  Georgia,  or  having 
licenses  entitling  them  to  teach  in  the  State,  provided  that  those  not 
teaching  have  not  permanently  retired  from  teaching;  to  attend  all 
sessions  of  said  institutes  held  in  the  county  of  their  residence,  and 
perform  all  duties  required  of  them  as  members  of  said  institutes,  un- 
less providentially  prevented;  to  secure  a  prompt  attendance  of  the 
teachers  upon  the  exercises  of  said  institutes  by  causing  the  County 
School  Commissioners  and  County  Boards  of  Education  to  collect  such 
fines  from  absentees  as  may  be  deemed  just  and  reasonable  by  said 
Commissioners  and  Boards;  provided,  that  no  teacher  shall  be  fined  till 
he  or  she  has  stated  the  cause  of  his  or  her  absence  in  writing,  to  said 
Commissioners  and  Boards,  and  they  have  duly  considered  the  same; 
provided  further,  that  all  money  thus  collected  shall  be  used  in  pur- 
chasing teachers'  libraries  for  the  counties  in  which  said  fines  may  be 
collected;  to  provide  separate  institutes  for  the  white  and  the  colored; 
to  pay  from  the  educational  fund  of  each  county  an  amount  not  to 
exceed  twenty-five  dollars  per  annum  for  the  purpose  of  securing  the 
services  of  an  expert  in  conducting  the  week's  session  of  the  institute 


29 


Acts  of 
1890, 
page  120. 


Amended 
Acts  of 
1892, 
page  86. 


Amended 
Acts  of 
1893, 
page  81. 


COUNTY  INSTITUTES. 

of  said  county,  which  expert  shall  be  chosen  by  the  County  School 
Commissioner  and  the  County  Board  of  Education,  which  expert  shall 
assist  in  conducting  the  exercises  of  each  annual  week's  session  of  said 
institute  in  the  county  where  he  is  thus  employed;  to  cause  all  sessions 
of  said  institutes  to  be  held  at  county  seats,  or  such  other  places  as 
may  be  selected  by  the  County  School  Commissioner,  and  allow  all 
persons  so  desiring  to  attend  the  sessions  of  said  institutes;  provided, 
that  all  visitors  shall  be  subject  to  the  rules  and  regulations  of  said 
institutes  while  attending  the  exercises  of  the  same;  and  to  prescribe 
from  time  to  time  such  other  rules  and  regulations  as  he  and  the 
County  School  Commissioners  may  deem  best  for  successfully  operat- 
ing said  institute. 


SUPERVISORS. 


The  State  Superintendent  of  Schools  shall  have  power,  with  the 
consent  and  approval  of  the  State  Board  of  Education  to  appoint 
three  State  School  Supervisors,  whose  professional  qualifications  shall 
be  the  same  as  State  Superintendent's  who  shall  act  under  the  direction 
of  the  State  Superintendent  of  Schools  and  fill  the  place  of  the  experts 
Acts  of  provided  for  in  the  Acts  of  1891,  which  were  amended  in  1892  and 

1911 

page  99.  1893.  The  salaries  paid  these  Supervisors  shall  be  fixed  by  the  State 
Board  of  Education  and  shall  not  exceed  Two  Thousand  Dollars  each 
per  annum,  together  with  necessary  traveling  expenses;  provided,  The 
same  shall  not  exceed  $2,000  dollars.  The  Supervisors  shall  keep 
itemized  statements  of  their  expenses,  which  shall  be  sworn  to  monthly 
and  approved  by  the  State  Superintendent  of  Schools  and  be  paid 
out  of  the  State  Treasury.  It  shall  be  especially  the  duty  of  these 
Supervisors  to  act  as  instructors  of  institutes  to  give  State  normal 
instruction  and  training  as  the  State  Superintendent  may  direct  in  each 
county;  to  grade  the  papers  of  applicants  for  professional  certificates 
or  State  licenses  and  to  aid  generally  in  supervising,  systematizing  and 
improving  the  schools  of  the  State  under  the  direction  of  the  State 
Superintendent  of  Schools. 


30 


EXAMINATION  OF  TEACHERS. 


VII. 


EXAMINATION  AND  CERTIFICATION  OF  TEACHERS. 


' 


SECTION  1.  That  the  County  Commissioners  shall  examine  all  ap- 
plicants for  licenses  to  teach  in  their  respective  counties,  giving 
previous  public  notice  of  the  day  upon  which  the  examinations  are  to 
take  place  and  said  Commissioners  shall  be  allowed  to  invite  such  per-  Acts  of 
sons  as  they  may  think  proper  to  assist  in  these  examinations.  Ap- 
plicants  for  license  to  teach  in  the  common  schools  shall  be  examined 
upon  orthography,  reading,  writing,  English  grammar,  geography, 
arithmetic,  and  the  science  and  practice  of  teaching  in  common  schools. 
No  license  shall  be  granted  any  person  to  teach  in  the  public  schools, 
receiving  money  from  the  State,  after  the  first  Monday  in  January, 
1903,  who  has  not  passed  a  satisfactory  examination  in  physiology  and 
hygiene  (physiology,  which  shall  include  with  other  hygiene,  the 
nature  and  effect  of  alcoholic  drinks  with  other  narcotics  upon  the 
human  system).  Said  examinations  shall  be  held  throughout  the  State 
on  a  day  or  days  to  be  fixed  by  the  State  School  Commissioner,  and  on  1901, 
questions  prepared  and  sent  out  by  him  to  the  County  School  Com- 
missioners.  The  State  School  Commissioner  shall  also  prepare  and 
supply  the  County  School  Commissioners  with  printed  instructions 
as  to  the  grading  of  applicants  on  and  by  a  uniform  grade,  and  shall 
fix  the  lowest  standard  for  each  class  of  licenses. 

No  applicant  for  teachers'  licenses  shall  be  examined  on  any  other  day 
than  the  one  designated  as  above  described  except  in  cases  where  the 
County  Board  of  Education  shall  order  a  special  examination;  no 
special  examination  shall  be  ordered  by  said  Board  except  for  good 
and  sufficient  reasons  and  to  meet  some  special  emergency.  In  such 
cases  the  questions  shall  be  prepared  by  the  County  School  Commis- 
sioner, or  by  some  competent  person  under  his  authority,  and  their 
contents  shall  not  be  made  known  to  the  applicant  or  applicants  until 
the  examination  actually  commences;  said  examination  shall  be  con- 
ducted under  the  same  rules  and  regulations  as  are  provided  by  law 
for  other  examinations,  but  the  licenses  granted  shall  be  valid  only 
until  the  next  examination  ordered  by  the  State  School  Commissioner, 
and  it  shall  not  be  lawful  for  the  County  School  Commissioner  of 
any  county,  other  than  that  in  which  said  special  examination  is  held, 
to  endorse  a  license  granted  thereunder.  The  County  Board  of  Edu- 

31 


EXAMINATION  OF  TEACHERS. 


Acts   of 
1887, 
page   76. 


Acts  of 
1899, 
page  61. 


Acts  of 
1887, 
page   78. 


cation  shall  have  power,  if  they  deem  best,  to  employ  teachers  at  a 
salary. 

SEC.  2.  It  shall  be  the  duty  of  the  County  School  Commissioners 
after  thorough  examination  of  the  papers  submitted  by  applicants  for 
licenses  as  teachers,  upon  the  examination  conducted  as  prescribed  in 
the  preceding  Section,  to  grade  the  applicants  according  to  the  instruc- 
tions furnished  them  by  the  State  School  Commissioner,  submitting  his 
report  and  recommendations  thereon  in  writing  to  the  County  Board 
of  Education,  who  shall  grant  to  the  applicants  licenses  of  the  first, 
second  or  third  grade,  to  be  determined  by  the  qualifications  exhibited 
and  the  standard  attained ;  provided,  they  shall  attain  at  least  the  lowest 
grade-mark  fixed  by  the  State  School  Commissioners  for  each  grade; 
and  provided,  further,  That  each  applicant  submits  with  his 
or  her  examination  paper  satisfactory  evidence  in  writing  of  good  moral 
character.  A  license  of  the  first  grade  shall  continue  in  force  for  three 
years,  a  license  of  the  second  grade  for  two  years,  and  a  license  for  the 
third  grade  for  one  year,  which  said  licenses  shall  entitle  teachers 
holding  them  to  be  employed  for  and  during  the  period  of  their  licenses 
in  any  of  the  common  schools  of  the  county  where  issued.  Licenses, 
to  be  good  in  another  county  than  the  one  in  and  for  which  they  are 
issued,  must  be  endorsed  by  the  County  School  Commissioner  of  the 
county  in  which  the  applicant  desires  to  teach. 

SEC.  3.  All  students  or  graduates  of  any  school,  college  or  other 
institution  of  learning  shall  be  required  to  stand  an  examination  as 
now  prescribed  by  the  general  common  school  laws  of  this  State  be- 
fore the  County  School  Commissioner  of  each  county  in  this  State  in 
which  they  desire  to  teach,  and  get  a  license  from  the  County  School 
Commissioner  before  being  permitted  to  teach  in  the  common  or  public 
schools  of  such  county;  provided,  that  nothing  herein  contained  shall 
be  construed  to  invalidate  any  license  to  teach  in  the  schools  in  this 
State  now  held  by  any  person. 

And  all  laws  and  parts  of  laws  authorizing  and  entitling  any 
student  or  graduate  of  any  school,  college  or  other  institution  of  learn- 
ing, to  teach  in  the  common  or  public  schools  of  this  State  on  the  certi- 
ficate or  diploma  from  any  school,  college  or  other  institution  of 
learning  or  the  officers  thereof,  be,  and  the  same  are  hereby  repealed. 

Revoking  of  Licenses — appeal — forgery  in  License  a  felony. 

SEC.  4.  That  the  County  Commissioner  shall  have  power,  and  it 
shall  be  his  duty,  to  revoke  licenses  granted  by  him,  or  his  predecessors, 
for  incompetency,  immorality,  cruelty  to  pupils,  or  neglect  of  his  duties, 
and  the  revocation  of  the  licenses  of  any  teacher  shall  terminate  the 


32 


EXAMINATION  OF  TEACHERS. 

connection  of  said  teacher  with  any  school  which  he  may  have  been 
employed  to  teach;  but  any  teacher  so  dismissed  shall  have  the  right 
to  appeal  to  the  County  Board  of  Education  whose  decision  shall  be 
final. 

SEC.  5.     Whoever,  with  intent  to  defraud  the  State  or  any  county, 
town  or  city,  or  any  person,  shall  falsely  and  fraudulently  make,  forge, 
alter  or  counterfeit,  or  cause  to  procure  to  be  falsely  and  fraudulently 
made,  forged,  altered  or  counterfeited,  or  willingly  aid  or  assist  in 
falsely  and  fraudulently  making,  forging,  altering  or  counterfeiting  any   ^       ^ 
certificate  or  license  issued  by  any  County  School  Commissioner  of  this    1900, 
State,  or  the  executive  officer  of  any  local  school  board  to  a  teacher,   pase  69> 
shall  be  deemed  guilty  of  a  felony,  and  upon  conviction  therefor,  shall 
be  punished  as  prescribed  by  Section  233  of  the  Penal  Code. 

SEC.  6.  Be  it  further  enacted,  That  it  is  not  the  intention  of  this 
Act  to  repeal  or  interfere  with  the  laws  which  have  been  enacted  estab- 
lishing local  tax  district  schools,  municipal  schools,  or  other  schools 
already  established  by  law,  except  that  no  person  shall  be  allowed  to  Acts  of 
teach  in  any  school  in  the  State  of  Georgia  receiving  State  aid  without  page'  jog. 
first  standing  an  examination  and  procuring  a  license  as  provided  by 
the  State  Board  of  Education  and  State  Superintendent;  provided,  They 
are  hereby  authorized  and  directed  to  prescribe  and  require  a  different 
examination  of  teachers  who  are  engaged  in  teaching  primary  grades 
only  from  that  required  of  teachers  of  higher  grades;  provided,  never- 
theless, That  the  State  Board  of  Education  may,  when  the  authorities 
in  charge  of  any  local  municipal  schools  are  maintaining  a  sufficiently 
high  standard  of  examinations  for  its  teachers,  delegate  to  the  authori- 
ties of  these  systems  the  right  to  license  teachers  to  teach  in  their  res- 
pective systems,  upon  examinations  to  be  provided  by  the  local  authori- 
ties, reserving,  however,  to  the  State  Board  of  Education  the  right  to  re- 
voke this  delegation  of  authority  as  to  any  local  system  whenever  it  ap- 
pears that  the  authorities  of  that  system  have  relaxed  the  standard  or 
failed  to  give  examination.  Nothing  herein  contained  shall  be  con- 
strued as  affecting  the  right  of  the  authorities  of  local  municipal  sys- 
tems to  prescribe  the  courses  of  study  therein,  or  select  text-books,  in 
those  schools  where  they  are  now  allowed  to  do  so  by  law. 

Supplemental  contracts. 

SEC.  7.    That  whenever  the  Board  of  Education  of  any  county  within 
the  State  shall  have  entered  into  a  contract  with  a  teacher  to  teach  a 
common  school  in  any  subdistrict  within  its  jurisdiction  in  accordance    Acts   of 
with  this  Act.  it  shall  be  lawful  for  said  teacher  to  enter  into  a  supple-    g2.87>  pase 

33 


EXAMINATION  OF  TEACHERS. 

mental  contract  with  the  patrons  of  said  school  to  teach  a  private  ele- 
mentary school  in  connection  with  said  common  school,  and  to  em- 
brace the  period  allowed  by  law  for  the  said  public  term ;  provided,  that 
the  contracting  with  teachers  under  the  provisions  of  this  Act  shall  be 
left  to  the  discretion  of  the  several  County  Boards  of  Education. 

SEC.  8.     That  upon  said  private  supplemental  contract  being  exam- 
ined and  approved  by  the  Board  of  Education  of  the  county  in  which 
said  school  is  located,  it  shall  be  the  duty  of  said  teacher  to  enter,  as  pu- 
Acts  of  pils  in  said  private  schools,  all  scholars  of  common  school  age  (regard 

82.  ''  P  being  had  to  separate  schools  as  now  required  by  law)  who  may  enter 

said  school  at  any  time  within  the  term  or  scholastic  year  of  said  priv- 
ate school.  It  shall  be  the  duty  of  said  teacher  to  keep  an  accu- 
rate account  of  the  number  of  such  pupils  and  the  number  of 
days  actually  attended  by  each  pupil,  and  when  said  priv- 
ate schools  shall  have  closed,  said  teacher  may  make  out  an  account 
against  the  County  Board  of  Education  for  the  full  number  of  days 
each  of  said  pupils  may  have  attended  said  schools,  not  to  exceed  the 
whole  number  of  days  now  or  hereafter  to  be  prescribed  by  law;  pro- 
vided, that  nothing  in  this  Act  shall  be  so  construed  as  to  prevent  any 
common  school  scholar  from  entering  said  school  as  pupil,  if  the  par- 
ent or  guardian  of  said  pupil  shall  elect  to  enter  him  or  her  for  the 
period  of  the  public  term,  and  upon  the  merits  of  the  common  school 
fund  only.  That  no  teacher  shall  be  contracted  with  under  the  pro- 
visions of  this  Act  until  he  or  she  has  been  duly  licensed  as  a  common 
school  teacher;  that  every  teacher  contracted  with  under  the  provisions 
of  this  Act  shall  be  required  to  make  the  same  reports  and  returns  to- 
the  County  School  Commissioners  as  are  now  required  of  teachers  of 
common  schools  in  this  State,  and  until  said  private  schools  have  been 
taught  according  to  contract,  and  said  reports  and  returns  are  so  made, 
it  shall  not  be  lawful  for  the  Board  of  Education  to  pay  him  or  her 
for  such  services  as  such  teacher. 


REGULATIONS  OF  THE  STATE  BOARD  OF  EDUCATION  WITH 
REGARD  TO  THE  CERTIFICATES  OF  TEACHERS. 


In  compliance  with  the  law  of  1911,  the  State  Board  of  Education 
provides  a  system  of  certification  for  the  teachers  of  the  public  schools. 

I.     LICENSE  BY  EXAMINATION  ONLY. 

(Issued  by  Local  Educational  Authorities.) 
1.     Primary. 

The  Primary  license  is  intended  for  those  teachers  doing  the  work 
of  the  first  four  classes.     There  are  three  grades — 1,  2,  3, — for  those 

34 


EXAMINATION  OF  TEACHERS. 

averaging  above  90  per  cent,  75  per  cent,  and  50  per  cent,  respectively. 
A  license  of  1st  grade  shall  be  valid  for  three  years,  of  2d  grade  for 
two  years,  and  of  3d  grade  for  one  year.  The  Primary  examination 
is  based  on  the  following  subjects:  Reading,  Writing,  Spelling,  Arith- 
metic (fro  percentage),  Language  Lessons  and  Composition,  Elementary 
Geography  and  the  new  Manual  of  Methods. 

2.  General  Elementary. 

In  addition  to  the  questions  for  the  teachers  engaged  in  primary 
work,  applicants  for  the  General  Elementary  license  are  required  to 
take  an  examination  upon  the  following  subjects:  Arithmetic,  Grammar, 
History  (U.  S.)  and  Civics,  Geography,  Physiology  and  Agriculture. 
The  grades,  the  respective  averages  for  the  same  and  the  periods  of 
validity  shall  be  the  same  as  for  the  Primary  license. 

Those  teachers  who  attain  first  grade  either  Primary  or  General 
Elementary,  may  renew  their  licenses  on  condition  of  three  years'  suc- 
cessful experience  in  teaching  and  the  completion  of  the  reading  course. 
(  See  "Conditions  Governing  Renewals.") 

Note. — The  reading  course1  for  1916  consists  of  Cubberley's  Eural  Life 
and  Education,  Colgrove  's  The  Teacher  and  the  School,  and  the  Manual  of 
Methods. 

3.  High  School  and  Supervisory. 

In  addition  to  the  above,  provision  is  made  for  license  to  teach  in 
a  high  school  through  a  satisfactory  examination  passed  on  any  three  of 
the  following  groups,  the  three  selected  to  include  the  subjects  the  holder 
of  the  license  is  permitted  to  teach: 

(1)  Mathematics:   Arithmetic;  Algebra,  through  quadratics;  Plane 
Geometry. 

(2)  English:    Grammar;    Composition   and   Rhetoric;   English   and 
American  Literature. 

(3)  Science:  Agriculture;  Physics;  Biology  (Elementary  Physiology, 
Botany,  Zoology). 

(4)  Languages:  Latin,  French,  German,  Spanish,  Greek.    Take  any 
two. 

(5)  History:  Ancient,  Modern,  English. 

In  addition  to  these  three  groups  elected  from  the  above  the  ex- 
amination must  include  school  management  and  methods  of  teaching 
high  school  subjects. 

Note. — The  questions  on  school  management  and  methods  for  1916  will 
be  based  upon  the  Manual  of  Methods,  Cubberley's  Eural  Life  and  Educa- 
tion, and  Hollister's  High  School  Administration. 

35 


EXAMINATION  OF  TEACHERS. 

The  examination  for  these  certificates  will  be  held  at  the  same  times 
and  places  as  those  for  General  Elementary  license,  the  questions  to  be 
prepared  and  sent  to  the  county  or  local -superintendents  who  will  con- 
duct the  examinations  and  issue  licenses  as  in  the  case  of  General  Ele- 
mentary licenses. 

An  average  of  90  per  cent  on  all  subjects  shall  entitle  the  candidate 
to  a  license  of  first  grade  valid  for  three  years;  an  average  of  75  per 
cent.,  to  a  license  of  second  grade  valid  for  two  years;  and  an  average 
of  50  per  cent.,  to  a  license  of  third  grade  valid  for  one  year.  A 
license  of  first  grade  may  be  renewed  for  periods  of  three  years  upon 
satisfactory  evidence  of  three  years  of  teaching  and  upon  the  comple- 
tion of  the  prescribed  reading  course.  (See  Conditions  Governing 
Renewals.) 

Special  Examinations. 

At  any  time  Boards  of  Education  have  the  right  to  authorize  sup- 
erintendents to  give  special  examinations  in  cases  of  emergency 
through  which  teachers  can  obtain  a  temporary  license  good  until  the 
next  regular  State  test. 

II.     PROFESSIONAL   LICENSE. 

(Issued  from  State  Department  of  Education.) 
In  addition  to  the  above,  the  following  State  Professional  Certifi- 
cates are  provided,  the  same  to  be  granted  on  examination  directed  by 
the  State  Board  of  Education. 

4.  Professional  Normal  Certificates. 

(a)  A  graduate  of  an  approved  Normal  School  of  the  State  of 
Georgia,  the  prescribed  curriculum  of  which  is  the  equivalent  of  at 
least  14  high  school  units  and  the  course  completed  by  the  graduate  to 
include  psychology,  general  and  educational,  the  equivalent  of  3  hours 
a  week  throughout  a  scholastic  year;  methods,  management  and  school 
hygiene,  the  equivalent  of  3  hours  a  week  throughout  the  year;  history 
of  education,  the  equivalent  of  3  hours  a  week  for  one-half  the  year; 
and  observation  and  teaching,  the  equivalent  of  3  hours  a  week  for 
one-half  the  year;  and  who  qualifies  through  examination,  as  directed 
by  the  State  Board  of  Education,  shall  be  eligible  for  a  Professional 
Normal  Certificate. 

Examinations  for  these  certificates  may  be  conducted  at  the  said 
Normal  School  as  ordered  by  the  State  Board  of  Education,  and  to 
be  supervised  in  whole  or  in  part  by  'a  State  Supervisor  of  Schools  or 
other  examiner  as  designated  by  the  State  Superintendent  of  Schools 

36 


EXAMINATION  OF  TEACHERS. 

for  each  of  said  Normal  Schools,  and  a  certificate  granted  thereon 
shall  be  valid  for  three  years  and  capable  of  renewal  there- 
after for  an  indefinite  period  of  active  participation  in  teaching  or 
supervision,  subject  to  regulations  of  said  Board  as  to  attendance  upon 
Summer  Schools,  Normal  Schools,  or  Colleges,  or  other  regulations  for 
the  professional  growth  of  the  holder.  (See  also  Normal  Certificates 
"A".) 

The  general  plan  for  granting  these  certificates  will  be  as  follows: 

At  suitable  times  as  directed  by  the  State  Superintendent,  the  de- 
signated supervisor  shall  attend  the  session  of  the  Normal  School  when 
examinations  are  in  progress,  examine  the  questions  prepared  for  these 
examinations,  add  to  the  same  at  his  pleasure,  scrutinize  the  grading  of 
any  or  all  the  papers  of  applicants,  investigate  their  records  in  the 
school,  and  recommend  the  worthy  ones  to  the  State  Department  of 
Education  for  the  certificates  in  question. 

Provided,  that  any  graduate  of  a  Normal  School  now  holding  a 
diploma  covering  above  conditions  and  holding  also  a  first  grade  General 
Elementary  license,  may  have  this  license  renewed  for  three  years  as  a 
Professional  Normal  Certificate,  and  thereafter  indefinitely  as  above 
described  and  in  accordance  with  the  regulations  for  such  renewals. 

(b)  A  graduate  of  the  University  Summer  School  of  the  State  shall 
be  eligible  for  a  Professional  Normal  Certificate,  the  same  to  be 
granted  after  a  plan  similar  to  that  provided  above  for  such  a  certifi- 
cate. This  will  be  valid  for  three  years  in  schools  coming  under  the  di- 
rection of  said  Board,  and  renewable  as  provided  for  Professional 
Normal  Certificates. 

5.   Professional  College  Certificates. 

(1)   College  Certificates. 

(a)  A  graduate  having  received  a  bachelor's  degree  from  an  ap- 
proved  College  of  this   State   and  whose  courses  taken  include   three 
courses  in  education  preparatory  to  teaching,  supervision,  and  admin- 
istration, these  courses  to  be  the  equivalent  of  at  least  3  hours  a  week 
each    through    a   year,    shall    be    eligible    for    a    Professional    College 
Certificate,  the  same  to  be  granted  after  a  plan  similar  to  that  followed 
for  Professional  Normal  Certificates,  and  to  be  valid  for  three  years 
in  any  public  school  or  system  coming  under  the  direction  of  said  Board, 
and  renewable  thereafter  for  an  indefinite  period  of  active  participation 
in  teaching  or  supervision,  subject  to  regulations  of  said  Board  for 
the  professional  growth  of  the  holder. 

(b)  A  graduate  of  a  College  as  before  described,  except  that  his 
courses  taken  did  not  include  three  courses  in  education  preparatory  to 
teaching,  supervision  and  administration,  may,  upon  passing  an  accep- 

37 


EXAMINATION  OF  TEACHERS. 

table  examination  upon  the  reading  course  prescribed  for  the  renewal 
of  Secondary  Certificates,  be  granted  a  Temporary  Professional  Certi- 
ficate valid  for  one  year  and  renewable  for  periods  of  one  year.  This 
may  be  converted  into  a  Professional  College  Certificate  on  com- 
pletion of  three  such  professional  courses  in  Summer  School,  Normal 
School,  or  College. 

Note. — Eenetwal  examination  for  1916  will  be  based  upon  the  Manual 
of  Methods,  Cubberley's  Eural  Life  and  Education,  and  Hollister's  High 
School  Administration. 

(c)  A  graduate  having  received  a  bachelor's  degree  from  an  ap- 
proved College  without  this  State  may  obtain  a  Professional  College 
Certificate  by  submitting  to  the  proper  authorities  a  satisfactory  ex- 
amination upon  the  history  and  geography  of  the  State  of  Georgia, 
provided  the  record  shows  completion  of  required  courses  in  education ; 
otherwise  he  may  obtain  a  Temporary  Professional  Certificate  by  pass- 
ing a  satisfactory  examination  upon  the  history  and  geography  of  the 
State  of  Georgia  and  the  reading  course  for  renewal  of  College 
Certificates. 

(2)  Normal  Certificates. 

(a)  If  the  courses  completed  by  the  graduate  of  an  approved  Nor- 
mal School  include,  in  addition  to  those  prescribed  under  "A"  of  Pro- 
fessional  Normal    Certificates,   two   full   courses   of   college   grade    of 
3  hours  a  week  throughout  the  year  for  two  years  in  each  of  two  sub- 
jects, the  certificate  granted  shall  be  valid  also  for  three  years  in  high 
school  grades  of  schools  coming  under  the  direction  of  said  Board  and 
renewable  thereafter  for  three  year  periods. 

(b)  If  the  courses  completed  by  the  graduate  of  the  University  Sum- 
mer School  include  four  subjects  of  college  grade,  or  acceptable  courses 
not  previously  included  in  the  high  school  courses  of  the  graduate,  the 
certificates  granted  shall  be  valid  also  for  three  years  in  high  school 
grades  of  schools  coming  under  the  direction  of  said  Board  and  renew- 
able for  three  year  periods. 

6.     For  Teachers  Now  in  Service. 

(a)  A  teacher  now  engaged  in  the  work  who  has  received  a 
bachelor's  degree  from  an  approved  College,  and  who  presents  satis- 
factory evidence  of  successful  teaching  for  three  years  in  this  State,  and 
further  satisfactory  evidence  of  progress  through  attendance  for  at 
least  one  session  upon  Summer  School,  Normal  School,  or  College,  may 
obtain  a  Professional  College  Certificate  upon  the  same  basis  as 
provided  for  renewal  of  such  certificates. 

Note. — Renewal  examination  for  1916  will  be  based  upon  the  Manual 
for  Georgia  Teachers,  Cubberley's  Rural  Life  and  Education,  and  Hollis- 
ter's  High  School  Administration. 

38 


EXAMINATION  OF  TEACHERS. 

(b)  A  teacher  now  engaged  in  the  work  who  is  a  graduate  of  an 
approved  institution  of  lower  grade  than  a  14  unit  College,  and  who 
furnishes  satisfactory  evidence  of  successful  teaching  for  three  years 
and  of  progress  through  attendance  upon  at  least  one  session  of  Sum- 
mer School,  Xormal  School,  or  College,  may  be  granted  a  Professional 
College  Certificate  upon  the  basis  of  the  renewal  of  such  a  certificate, 
this  certificate  to  be  valid  for  three  years  and  renewable  for  periods  of 
three  years. 

7.  Special  Subject  Certificates. 

These  certificates  may  be  granted  for  three  year  periods  to  those 
candidates  who  desire  to  teach  a  special  subject  only,  technical  in 
character,  and  who  have  made  special  preparation  for  the  work.  The 
certificate  will  entitle  the  holder  to  teach  or  to  supervise  the  special  sub- 
ject. The  applicant  should  have  scholarship  the  equivalent  of  that  for 
graduation  from  an  approved  High  School,  and  should  have  had  train- 
ing in  the  specialty  and  in  science  and  art  of  teaching.  The  following 
subjects  are  classed  as  special:  Domestic  Science  and  Art,  Vocal 
Music,  Manual  Training,  Physical  Education,  Drawing,  Kindergarten, 
Commercial  Branches,  and  Stenography. 

8.  Certificate  from  Other  States. 

A  teacher  holding  a  certificate  granted  in  another  State,  this  certifi- 
cate the  equivalent  of  a  certificate  granted  in  the  State  of  Georgia,  may 
be  granted  the  equivalent  certificate,  provided  the  teacher  presents  satis- 
factory evidence  of  moral  character  and  passes  a  satisfactory  examina- 
tion upon  the  history  and  geography  of  the  State  of  Georgia. 

Conditions  Governing  Renewals. 

A  progressive  course  of  reading  and  study  shall  be  prescribed  each 
year  by  the  State  Board  of  Education  as  a  basis  of  renewal  of  certi- 
ficates of  each  type  or  group  renewable.  Renewals  may  be  obtained 
through  an  average  of  75  per  cent  attained  in  the  examination  on  the 
proper  courses  of  reading  and  study,  or  through  courses  completed  in 
Summer  School,  Normal  School,  or  College,  and  approved  by  the  said 
Board  as  the  equivalent  of  reading  courses  by  way  of  professional 
growth.  As  a  general  rule  every  holder  of  a  renewable  certificate  should 
attend  at  least  one  session  of  some  Summer  School,  Normal  School,  or 
College,  within  the  lifetime  of  the  certificate. 
Where  Valid. 

A  professional  certificate  issued  by  the  State  Department  of  Educa- 
tion in  accordance  with  foregoing  provisions  shall  be  valid  in  any  county 
in  the  State  of  Georgia  in  schools  coming  under  direction  of  the  State 
Board  of  Education. 

The  regular  State  examination  will  take  place  in  each  county  on  August 
4  and  5,  1916. 


MISCELLANEOUS. 

VIII. 
MISCELLANEOUS. 


Time  for  taking  census. 

SEC.  1.  That  it  shall  be  the  duty  of  the  County  and  City  Boards 
Acts  of  °^  Education  of  this  State  to  cause  an  enumeration  of  the  children 
1887,  page  between  six  and  eighteen  years  of  age  to  be  made  under  instructions 
from  the  State  School  Commissioner,  in  the  year  1888,  and  every  ten 
years  thereafter,  as  hereinafter  prescribed.  In  the  year  1893,  and 
every  ten  years  thereafter,  it  shall  be  the  duty  of  the  State  Board  of 
Education,  in  the  early  part  of  the  year,  to  have  an  estimate  made  from 
the  last  census  taken  by  the  authorities  of  the  United  States,  of  the 
number  of  children  of  school  age  in  each  county  of  the  State,  and  in 
each  town  and  city  under  a  local  school  law,  and  if,  from  the  evidence 
thus  obtained,  or  from  other  evidence  of  any  kind,  the  said  Board  shall 
become  satisfied  that  a  new  enumeration  of  the  school  population  ought 
to  be  taken  for  any  county  or  counties,  or  for  any  town  or  city,  or 
the  entire  State,  it  shall  be  their  duty  to  order  the  said  enumeration 
to  be  taken  accordingly. 

Note. — Clauses    and    special    laws   authorizing    annual    school    census    are 
in   conflict   with   this   general  law. 

Enumerators:  Duties,  compensation,  oath — County  School  Commis- 
sioner as  enumerator. 

SEC.  2.     The  different  County  or  City  Boards  shall  employ  one  or 
Acts  of  more  competent,  reliable  persons  to  take  the  enumeration  above  men- 

1887,  page  tioned,  in  their  respective  jurisdictions,  and  the  persons  so  employed 
shall  go  from  house  to  house,  making  a  thorough  canvass  of  the  terri- 
tory assigned  them,  taking  the  number  of  children  between  the  ages  of 
six  and  eighteen  years,  and  distinguishing  between  the  sexes  and  races. 
The  persons  thus  employed  shall  be  known  as  enumerators  of  the  school 
census,  and  shall  take  and  report  any  additional  statistics  required  by 
the  State  School  Commissioner.  They  shall  receive  as  compensation  a 
per  diem  not  to  exceed  two  dollars  in  the  counties,  or  two  dollars  in 
the  cities,  or  in  the  city  and  county  where  the  same  are  under  local 
laws,  to  be  paid  out  of  the  school  fund  of  the  jurisdiction  in  which  the 
work  is  done.  They  shall,  moreover,  be  required  to  make  oath  that  the 
work  done  by  them  has  been  carefully  and  faithfully  done  according 

40 


MISCELLANEOUS. 

to  the  true  intent  and  meaning  of  this  Act,  the  form  of  oath  to  be  pre- 
scribed by  the  State  School  Commissioner;  provided,  that  nothing  herein 
contained  shall  be  construed  to  prevent  the  County  Boards  from  em- 
ploying the  County  School  Commissioners  to  do  the  work  contemplated 
in  this  Section. 


New  enumeration. 

SEC.  3.    The  State  Board  of  Education  is  hereby  empowered  to  order 

page 


at  once  a  new  enumeration  when  they  are  in  doubt  as  to  the  accuracy  ° 


of  the  return  made  from  any  county  or  city;  but  the  enumerators  first  82- 
making  their  return  shall  receive  no  compensation  in  case  it  is  found 
their  enumeration  was  not  correct.  In  case  their  enumeration  is  veri- 
fied by  the  second  enumeration,  then  both  shall  be  paid,  but  the  amount 
paid  them  shall  be  deducted  from  the  school  fund  appropriated  to 
this  special  territory. 

Fixing  compensation  of  enumerators. 

SEC.  4.     The  respective  County  or  City  Boards  are  hereby  empow-   Acts  of 
ered  to  fix,  within  the  limits  prescribed  above,  the  per  diem  compensa-    ^87>  page 
tion  of  the  enumerators  of  the  school  census  employed  by  them. 

Arbor  Day. 

SEC.  5.     The  first  Friday  in  December  in  each  year  shall  be  set 
apart  and  consecrated  as  a  day  for  tree-planting,  and  shall  be  known 
throughout  the  State  as  "Arbor  Day,"  that  it  shall  be  the  duty  of  the    1890-91, 
State  School  Commissioner  to  take  the  matter  of  the  observance  of    page  219' 
"Arbor  Day,"  by  the  public,    under    his    general    supervision,    and 
through  the  County  School  Commissioners  to  cause  the  public  schools 
of  the  State  to  observe  "Arbor    Day,"    as    the    superintendents    and 
teachers  may  think  best,  in  order  to  show  the  pupils  the  value  and 
beauty  of  forestry  by  practical  tree-planting  on  school,  church,  and 
other  public  lots,  lawns,  as  well  as  on  public  highways. 

Physiology  and  Hygiene  to  be  taught  in  public  schools. 

SEC.  6.     The  nature  of  alcoholic  drinks  and  narcotics,  and  special 
instruction  as  to  their  effects  upon  the  human  system  in  connection  with 
the  several  divisions  of  the  subject  of  physiology  and  hygiene,  shall  be    Acts   of 
included  in  the  branches  of  study  taught  in  common  or  public  schools    1901« 
in  the  State  of  Georgia,  and  shall  be  studied  and  taught  as  thoroughly 
and  in  the  same  manner  as  other  like  required  branches  are  in  said 
schools. 

43 


LOCAL  TAX. 


Acts    of 
1901, 
page    54. 


Acts   of 
1903, 
page  64. 


Acts   of 
1909, 
page    190. 


SEC.  7.  It  shall  be  the  duty  of  county  and  city  superintendents  of 
schools  receiving  aid  from  the  State  to  report  to  the  State  School 
Commissioner  any  failures  or  neglect  on  the  part  of  the  Boards  of 
E'ducation  to  make  provision  for  instruction  of  all  pupils  in  any  or 
all  the  schools  under  their  jurisdiction,  in  physiology  and  hygiene 
(physiology,  which  shall  include  with  other  hygiene  the  nature  and 
effects  of  alcoholic  drinks  and  other  narcotics  upon  the  human  system), 
and  the  Board  of  Education  of  each  county  of  this  State  shall  adopt 
proper  rules  to  carry  the  provisions  of  this  law  into  effect. 

Agriculture  and  Civil  Government  to  be  taught  in  the  common 
schools. 

SEC.  8.  The  elementary  principles  of  agriculture  and  the  elements 
of  civil  government  shall  be  included  in  the  branches  of  study  taught 
in  the  common  or  public  schools  in  the  State  of  Georgia,  and  shall  be 
studied  and  taught  as  thoroughly  and  in  the  same  manner  as  other  like 
required  branches  are  studied  in  said  schools. 

SEC.  9.  It  shall  be  the  duty  of  the  county  commissioners  of  all 
schools  receiving  aid  from  the  State  to  report  to  the  State  School 
Commissioner  any  failure  or  neglect  on  the  part  of  their  respective 
boards  of  education  to  make  provisions  for  instruction  of  all  pupils  in 
any  and  all  of  the  schools  under  their  jurisdiction  in  said  branches,  and 
the  board  of  education  of  each  county  of  this  State  shall  adopt  proper 
rules  to  carry  the  provisions  of  this  law  into  effect. 

Georgia  Day. 

SEC.  10.  The  twelfth  day  of  February  in  each  year  shall  be  ob- 
served in  the  public  schools  of  this  State,  under  the  name  of  "Geor- 
gia Day,"  as  the  anniversary  of  the  landing  of  the  first  colonies  in 
Georgia  under  Oglethorpe;  and  it  shall  be  the  duty  of  the  State  School 
Commissioner,  annually  to  cause  the  teachers  of  the  schools  under  their 
supervision  to  conduct  on  that  day  exercises  in  which  the  pupils  shall 
take  part,  consisting  of  written  compositions,  readings,  recitations,  ad- 
dresses, or  other  exercises,  relating  to  this  State  and  its  history  to  the 
lives  of  distinguished  Georgians.  When  said  day  falls  on  Sunday,  it 
shall  be  observed  on  the  following  Monday. 


LOCAL  TAX  DISTRICTS  ACROSS  COUNTY  LINES. 


SECTION  1.    Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Georgia,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 


42 


LOCAL  TAX. 

the  Act  approved  August  21,  1906,  entitled,  "An  Act  to  amend  an  Act 
entitled,  'An  Act  to  provide  for  the  creation  and  operation  of  local  tax 
district  schools,  and  for  levying  and  collection  of  local  tax  by  districts 
of  counties  for  educational  purposes,  for  the  laying  off  of  counties  in  Acts  of 
school  districts,  and  for  other  purposes,"  approved  August  23,  1905,  so  page'  33 
as  to  provide  for  amending  the  caption,  to  provide  a  proper  enforce- 
ment of  the  bill  and  for  the  laying  off  of  counties  into  districts  of 
reasonable  size,  for  the  election  of  district  trustees,  whether  local  tax  is 
levied  and  collected  or  not,  to  provide  a  correct  method  of  assessing 
and  collecting  the  taxes  in  local  districts,  and  for  other  purposes,"  be 
and  the  same  is  hereby  amended  by  adding  after  the  word  "so"  near 
the  middle  of  the  17th  line  of  Section  1,  of  said  Act  as  amended  as  it 
appears  in  the  published  Acts  of  1906  on  page  66  of  said  published 
Acts,  the  following  words,  to-wit:  "By  concurrent  consent  and  action, 
Boards  of  Education  of  two  or  more  adjoining  counties  may  lay  off 
and  define  school  districts  without  regard  to  county  lines;  provided, 
That  the  Board  of  Education  of  the  county  in  which  the  school-house 
is  located  shall  have  supervision  of  same ;  and  provided.  That  the  Ordi- 
nary of  the  county  in  which  the  school-house  is  located  shall  order  the 
election;  and  provided,  That  the  tax  collector  of  each  county  from 
which  territory  has  been  cut,  shall  collect  the  school  tax  levied  by  the 
trustees  of  the  school  districts  thus  formed  in  the  territory  cut  from  his 
county,  and  shall  pay  the  same  when  collected  to  the  authorized  officer 
of  said  board,"  so  that  said  Section  of  said  Act  shall,  when  amended, 
read  as  follows :  "Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia,  and  it  is  hereby  enacted  by  authority  of  the  same,  That  within 
thirty  days  after  the  passage  of  this  Act,  or  as  soon  thereafter  as 
practicable,  it  shall  be  the  duty  of  the  County  Board  of  Education  of 
each  county  in  Georgia,  to  lay  off  the  county  into  school  districts,  the 
lines  of  which  shall  be  clearly  and  positively  denned  by  boundaries, 
such  as  creeks,  public  roads,  land  lines,  district  lines  or  county  lines. 
The  school  districts  thus  marked  out  shall  contain  an  area  of  not  less 
than  sixteen  square  miles,  and  where  practicable  shall  be  so  shaped  as 
to  have  the  school  buildings  as  near  the  center  as  possible,  and  no  terri- 
tory shall  be  included  whose  occupants  reside  further  than  three  miles 
from  the  school-house  without  written  petition  of  two-thirds  of  the 
qualified  voters  therein;  provided,  That  the  board  of  education  may 
have  the  right  to  establish  districts  with  areas  less  than  sixteen  square 
miles  where  there  are  natural  causes  or  local  conditions  that  make  it 
necessary  to  do  so.  By  concurrent  consent  and  action,  boards  of  educa- 
tion of  two  or  more  adjoining  counties  may  lay  off  and  define  school 
districts  without  regard  to  county  lines;  provided,  That  the  Board  of 
Education  of  the  county  in  which  the  school-house  is  located  shall  have 

43 


LOCAL  TAX. 

supervision  of  same;  and  provided,  That  the  Ordinary  of  the  county  in» 
which  the  school-house  is  located  shall  order  the  election;  and  pro- 
vided, That  the  tax  collector  of  each  county  from  which  territory  has 
been  cut,  shall  collect  the  school  tax  levied  by  the  trustees  of  the  school 
district  thus  formed  in  the  territory  cut  from  his  county  and  shall  pay 
the  same  when  collected  to  the  authorized  officer  of  said  board.  The 
natural  causes  which  will  permit  the  creation  of  smaller  districts  are 
mountains,  streams  over  which  there  are  no  bridges  and  dangerous 
roads.  Local  conditions  which  will  permit  the  creation  of  small  districts 
must  be  determined  by  the  Board  of  Education.  "In  counties  having 
incorporated  towns,  now  levying  a  local  tax  for  educational  purposes 
and  operating  a  public  school  system  under  their  town  charter  or 
special  Act  of  the  Legislature,  the  county  Board  of  Education,  with  the 
consent  of  the  municipal  authorities,  may  create  a  school  district  larger 
than  the  incorporated  limits  of  the  town  by  adding  adjacent  territory 
not  already  included  in  the  incorporated  limits,  and  the  district  thus- 
marked  out  shall  become  a  school  district  upon  the  vote  of  the  people 
as  hereinafter  provided  but  such  school  district,  including  incorporated 
towns,  having  a  population  of  four  thousand  or  more,  shall  be  and 
remain  under  the  exclusive  supervision  and  direction  of  the  school 
boards  of  the  previously  chartered  schools  in  said  class  of  incorporated 
towns  and  not  under  supervision  of  County  Board  of  Education,  and 
the  school  boards  of  such  chartered  schools  in  incorporated  towns  shall 
be  trustees  of  said  school  district  under  this  Act;  provided,  further, 
That  there  be  located  in  such  school  districts  a  chartered  school  con- 
trolled by  a  board  of  stockholders  or  by  directors  elected  by  them,  the 
management  and  control  of  said  chartered  school  shall  remain  in  them, 
and  they  shall  have  all  the  rights  and  privileges  of  this  Act  to  collect 
local  taxes  as  hereinafter  provided  in  this  Act,  and  to  receive  their 
share  of  the  State  public  school  fund.  A  map  of  the  county  thus  laid 
off,  plainly  outlining  the  boundaries  of  the  school  district  with  full 
description  thereof,  shall  be  filed  with  the  Ordinary  within  forty  days 
after  the  passage  of  this  Act  or  as  soon  thereafter  as  practicable,  and 
the  boundaries  of  said  school  districts  shall  not  be  altered  any  oftener 
than  two  years.  The  County  Board  of  Education,  in  laying  off  the 
county,  shall  disregard  any  school  districts  embracing  territory  not 
included  in  incorporated  towns  heretofore  created  by  special  Act  of  the 
Legislature.  The  failure  of  any  County  Board  of  Education  to  comply 
with  the  requirements  of  this  Section  within  six  months  after  the  pas- 
sage of  this  bill  shall  operate  to  annul  their  commissions,  and  vacancies 
thus  created  shall  be  filled  as  the  law  requires  such  vacancies  to  be 
filled." 


LOCAL  TAX. 

County  line  schools. 

SECTION  1.  That  admission  to  all  common  schools  of  this  State  be 
gratuitous  to  all  children  between  the  ages  of  six  and  eighteen  years 
residing  in  the  sub-districts  in  which  the  schools  are  located;  provided,  1903, 
that  colored  and  white  children  shall  not  attend  the  same  school;  and  ] 
no  teacher  receiving  or  teaching  white  and  colored  pupils  in  the  same 
school  shall  be  allowed  any  compensation  at  all  out  of  the  common 
school  fund.  In  special  cases  to  meet  the  obvious  demand  of  conven- 
ience children  residing  in  one  sub-district  may  by  express  permission 
of  the  County  Board,  attend  the  common  school  of  another  sub-district 
and  when  a  common  school  is  located  near  a  county  line,  children  from 
an  adjoining  county  shall  be  permitted  to  attend  the  school;  provided, 
such  children  reside  nearer  such  school  or  said  school  is  more  accessible 
to  the  residences  of  such  children  than  any  public  school  in  the  county 
of  their  residence.  And  in  such  cases,  the  teacher  shall  make  out  two 
accounts  for  his  services,  one  against  each  County  Board,  in  amount 
proportional  to  the  number  of  children  in  the  school  from  the  respec- 
tive counties. 

XOTE. — A  small  incidental  fee  is  a  reasonable  charge  against  all 
pupils  who  are  able  to  pay  the  same.  This  fee  should  be  applied  only  to 
current  incidental  expenses;  keeping  the  house  in  order,  providing 
crayon,  fuel,  etc.  In  a  few  schools  of  this  State  whose  patrons  are 
indifferent  the  teachers  have  had  to  meet  the  current  incidental  expenses. 
Every  good  school  building  should  be  under  the  constant  care  of  a 
janitor,  and  patrons  should  make  due  provision  for  the  equipment  and 
•care  of  the  school  building. 

XOTE  2. — Teachers  of  county  line  schools  should  report  to  each  county 
the  number  of  pupils  and  the  amount  of  salary  received  from  the  other 
•county.  County  Boards  through  the  County  School  Commissioner  of 
*ach  county  should  pay  salaries  of  teachers  according  to  contract  direct 
to  teachers  of  countv  line  schools. 


ALLOWING  TAX  FOR   HIGH  SCHOOLS. 


SECTION   1.     Be  it  enacted  by  the  General  Assembly   of   Georgia 
-and  it  is  hereby  enacted  by  authority  of  the  same,  That  Paragraph  2 
of  Section  6.  Article  7  of  the  Constitution  of  this  State  be,  and  the    1910, 
same  is  hereby  amended  by  striking  from  said  Paragraph  2,  Section  6,    ] 
Article  7,  the  following  words  "in  instructing  children  in  the  elementary 
branches  of  an  English  education  only."  So  that  when  said  Paragraph 
is  amended  it  will  read  as  follows:     "The  General  Assembly  shall  not 
.have  power  to  delegate  to  any  county  the  right  to  levy  a  tax  for  any 

45 


Acts  of 
1910, 

page  46. 


Acts  of 

1910, 
page  46. 


Acts  of 
1910, 
page  46. 


LOCAL  TAX. 

purpose,  except  for  educational  purposes,  to  build  and  repair  the  public 
buildings  and  bridges;  to  maintain  and  support  prisoners;  to  pay 
jurors  and  coroners,  and  for  litigation,  quarantine,  roads  and  expenses 
of  court;  to  support  paupers  and  pay  debts  heretofore  existing." 

SEC.  2.  Be  it  further  enacted,  that  whenever  the  above  proposed 
amendment  to  the  Constitution  shall  be  agreed  to  by  two-thirds  of  the 
members  elected  to  each  of  the  two  Houses  of  the  General  Assembly 
and  the  same  has  been  entered  on  their  Journals  with  the  ayes  and  nays 
taken  thereon  the  Governor  shall  cause  said  amendment  to  be  pub- 
lished in  at  least  two  newspapers  in  each  Congressional  District  in  this 
State  for  the  period  of  two  months  next  preceding  the  time  of  holding 
the  next  general  election. 

SEC.  3.  Be  it  further  enacted,  That  the  above  proposed  amendment 
shall  be  submitted  for  ratification  or  rejection  to  the  electors  of  this 
State  at  the  next  general  election  to  be  held  after  publication,  as  pro- 
vided in  the  second  Section  of  this  Act  in  the  several  election  districts 
of  this  State,  at  which  election  every  person  shall  be  qualified  to  vote 
who  is  entitled  to  vote  for  members  of  the  General  Assembly.  All 
persons  voting  at  said  election  in  favor  of  adopting  the  proposed 
amendment  to  the  Constitution  shall  have  written  or  printed  on  their 
ballots  the  words:  "For  amendments  of  Paragraph  2,  Section  6,  Article 
7,  permitting  counties  to  levy  taxes  for  educational  purposes,"  and  all 
persons  opposed  to  the  adoption  of  said  amendment  shall  have  written 
or  printed  on  their  ballots  the  words  "Opposed  to  amendment  of  Para- 
graph 2,  Section  6,  Article  7,  permitting  counties  to  levy  taxes  for 
educational  purposes." 

SEC.  4.  Be  it  enacted,  That  the  Governor  be  and  he  is  hereby 
authorized  and  directed  to  provide  for  the  submission  of  the  amendment 
proposed  in  this  Act  to  a  vote  of  the  people,  as  required  by  the  Con- 
stitution of  this  State  in  Paragraph  1  of  Section  1  of  Article  13,  and 
if  ratified  the  Governor  shall,  when  he  ascertains  such  ratification  from 
the  Secretary  of  State  to  whom  the  returns  shall  be  referred,  in  the 
manner  as  in  cases  of  elections  of  members  of  the  General  Assembly, 
to  count  and  ascertain  the  results,  issue  his  proclamation  for  one 
insertion  in  one  of  the  daily  papers  in  this  State,  announcing  such 
results  and  declaring  the  amendment  ratified. 


BONDING  SCHOOL  DISTRICTS. 


SECTION  1.    Be  it  enacted  by  the  General  Assembly  of  Georgia 
and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  when  one- 


46 


SECRETARIES  AND  TREASURERS. 

fourth  of  the  registered  qualified  voters  of  a  school  district  in  which  a  Actg  of 
local  tax  is  now,  or  may  hereafter  be  levied  for  school  purposes,  shall  1912, 
be  filed  with  the  Board  of  Trustees  of  such  a  district,  a  petition  asking 
for  an  election  for  the  purposes  of  determining  whether  or  not  bonds 
shall  be  issued  for  the  purpose  of  building  and  equipping  a  school 
house  or  houses  for  said  district,  the  required  number  of  petitioners  to 
be  determined  by  said  Board  of  Trustees,  it  shall  be  the  duty  of  said 
Board  of  Trustees  to  fix  the  amount,  denomination,  rate  of  interest,  and 
dates  when  due,  and  call  such  election  in  terms  of  law  now  provided 
for  a  county  issue  of  bonds,  except  as  herein  otherwise  provided.  The 
said  Board  of  Trustees,  in  case  the  election  is  for  a  bond  issue,  shall 
follow  the  law  as  required  of  county  authorities  as  embodied  in  Section 
440,  et  sequitur,  of  the  Code  of  1910,  Volume  1,  in  the  issue  thereof. 
Said  Board  of  Trustees  may  order  such  election  to  be  held  on  the  school 
site  or  other  suitable  place  in  the  district,  of  which  they  shall  give 
notice  by  posting  same  at  three  public  places  in  said  district,  not  less 
than  ten  days  previous  to  said  election.  None  but  registered  qualified 
voters  shall  be  permitted  to  vote  in  said  election.  The  ordinary  shall 
furnish  a  certified  list  of  registered  voters  in  such  school  district  to  the 
managers  of  the  election  thirty  days  before  such  election  is  held. 
The  ballots  cast  shall  have  written  or  printed  thereon  "For  School 
House"  or  "Against  School  House."  The  ballots  east  and  the  voting 
list  shall  be  lodged  with  the  said  Board  of  Trustees  who  shall  declare 
the  result.  Said  Board  of  Trustees,  or  a  majority  of  them,  shall  be  the 
election  managers,  and  if  for  any  reason  they  fail  to  act,  any  three 
freeholders  of  the  district  may  qualify  and  act. 

SEC.  2.  Should  bonds  be  issued  and  sold,  the  proceeds  shall  be 
turned  over  to  the  Board  of  Trustees  in  trust  for  the  purpose  of  erecting 
a  school  building  or  buildings  which  said  Board  may  deem  suitable.  ° 


Said  Board  of  Trustees  is  authorized  to  remove,  sell  or  otherwise  dis-  page  177- 
pose  of  old  buildings  or  buildings  and  grounds  and  select  a  new  site 
and  erect  a  new  building  thereon,  and  add  to  the  proceeds  from  the 
sale  of  bonds  any  other  proceeds  which  may  come  from  disposition  ot 
building  or  buildings  and  site,  or  from  donations  or  otherwise,  all  to  be 
held  in  trust  to  be  used  for  the  purpose  aforesaid,  and  no  compensa- 
tion shall  be  paid  to  said  Board  of  Trustees  nor  to  any  member  thereof 
for  service. 


BONDS  AND  DUTIES  OF  SECRETARIES  AND  TREASURERS. 

SECTION  1.     Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Georgia,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  that 

47 


SECRETARIES  AND  TREASURERS. 


Acts  of 
1912, 
page  184. 


Acts  of 
1912, 
page  184. 


Acts  of 
1912, 
page  185. 


Acts  of 
1912, 
page  186. 


Acts  of 
1912, 
page  185. 


from  and  after  the  passage  of  this  Act,  it  shall  be  the  duty  of  the 
treasurer  or  the  secretary  and  treasurer  of  any  Board  of  Trustees  of  a 
public  school  receiving  money  raised  by  Local  Taxation  for  public 
schools,  to  make  a  good  and  sufficient  bond  for  the  faithful  perfor- 
mance of  his  duties,  payable  to  the  County  Board  of  Education  in  a 
sum  not  less  than  double  the  amount  of  money  likely  to  be  received  by 
him  during  his  term  of  office,  the  amount  and  sufficiency  of  said  bond 
to  be  judged  by  the  County  Board  of  Education,  which  amount  may 
be  increased  in  the  discretion  of  the  County  Board  of  Education. 

SEC.  2.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
in  the  event  the  Treasurer  or  Secretary  and  Treasurer  as  aforesaid, 
shall  fail  to  make  the  bond  required  in  the  first  section  of  this  Act, 
then  and  in  that  event,  any  money  raised  by  Local  Taxation  for  public 
schools  or  otherwise,  which  under  the  laws  should  have  been  paid  over 
to  the  Treasurer,  or  the  Secretary  and  Treasurer,  shall  be  paid  over  to 
the  County  Board  of  Education  to  be  by  them  paid  out  on  the  orders 
of  the  Board  of  Trustees  of  such  school  district  in  the  manner  other 
moneys  are  paid  out  by  them. 

SEC.  3.  Be  it  further  enacted,  That  the  Treasurer  or  Secretary 
and  Treasurer  as  aforesaid  shall  not  pay  out  any  money  as  held  in  his 
hands,  except  upon  the  order  of  the  Board  of  Trustees,  signed  by  the 
president  or  chairman,  of  which  he  is  Treasurer  or  Secretary  and 
Treasurer.  He  shall  further  in  all  cases  take  a  receipt  for  all  moneys 
expended  or  paid  out,  which  shall  be  attached  to  the  order  for  same, 
which  when  properly  done,  shall  constitute  a  proper  voucher  for  the 
money  thus  paid  out. 

SEC.  4.  Be  it  further  enacted  by  the  authority  aforesaid,  That  the 
Treasurer  or  the  Secretary  and  Treasurer  as  aforesaid,  shall  keep  an 
accurate  account  of  all  money  received  and  paid  out  by  him  in  a  sub- 
stantially bound  book,  which  together  with  all  vouchers,  shall  be  sub- 
mitted once  each  year  to  the  County  Superintendent  of  Schools  to  be 
audited  by  the  State  Auditor  when  he  shall  audit  the  County  Superin- 
tendent's books,  but  the  County  Board  of  Education  may  direct  that 
any  other  competent  person  audit  these  books. 

SEC.  5.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
the  provisions  of  this  Act  shall  apply  only  to  those  school  districts 
which  have  adopted  or  may  adopt  Local  Taxation  for  public  schools 
under  the  district  plan  as  provided  under  Section  1535',  Volume  1  of  the 
Code  of  1911.  Provided  further,  that  the  provisions  of  this  bill  shall 
not  apply  to  any  Secretary  or  Treasurer  who  receives  no  compensation. 
This  Act  shall  not  apply  to  any  municipal  system  of  schools  in  this 
State. 

48 


HEALTH  BILL. 
HEALTH  BILL. 


Membership  of  State  Board. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  and 
it  is  hereby  enacted  by  the  authority  of  the  same,  That  the  State  Board 
of  Health  shall  consist  of  fifteen  members,  three  of  whom,  the  secretary 
of  the  State  Board  of  Health,  the  State  Superintendent  of  Schools  and 
the  State  Veterinarian,  shall  be  members  by  virtue  of  their  offices,  and 
twelve  who  shall  be  appointed  by  the  Governor,  one  from  each  congres- 
sional district,  and  a  majority  of  whom  shall  be  physicians,  provided 
however,  that  the  present  members  of  the  State  Board  of  Health  shall 
serve  as  members  of  the  State  Board  of  Health  under  the  provisions 
of  this  Act  until  the  termination  of  their  present  terms  of  office. 

Membership  of  County  Board. 

SEC.  2.  Be  it  further  enacted,  That  a  county  board  of  health  for 
each  county  in  the  State  be,  and  the  same  is,  hereby  created,  composed 
of  three  persons,  two  of  whom  shall  be  members  of  such  board  by 
virtue  of  their  offices,  to-wit. :  the  county  superintendent  of  schools,  and 
the  chairman  of  the  board  of  roads  and  revenues  of  the  county,  or  in 
counties  having  no  such  board,  the  ordinary  of  said  county,  and  one 
reputable  physician  elected  by  the  grand  jury  of  the  county,  at  the  ses- 
sion of  the  superior  court  for  said  county  next  preceding  the  regular 
January  session  of  the  county  board  of  health  of  said  county,  or  at  any 
succeeding  session  of  said  court.  The  physician  so  elected  shall  hold 
office  for  a  term  of  four  years,  and  until  his  successor  is  elected  and 
qualified.  All  vacancies  shall  likewise  be  filled  by  elections  by  the  grand 
jury,  and  the  person  so  elected  shall  hold  office  for  the  remainder  of 
the  term  and  until  his  successor  is  elected  and  qualified.  Said  county 
board  of  health  shall  have  supervision  over  all  matters  relating  to  health 
and  sanitation  in  their  respective  counties  with  authority  to  declare  and 
enforce  quarantine  therein  subject  to  the  provisions  of  this  Act,  and  all 
the  powers  and  authority  now  vested  in  the  county  authorities  by  Chap- 
ter 7  governing  sanitary  regulations  by  county  authorities  embraced  in 
Sections  1670  to  1676,  inclusive,  of  the  Code  of  1910,  are  hereby  con- 
ferred upon  and  vested  in  the  county  boards  of  health  created  and  estab- 
lished under  provisions  of  this  Act.  Said  county  boards  of  health  shall 
hold  their  regular  sessions  on  the  first  Thursdays  of  January,  April, 
July  and  October  in  the  county  court  house,  and  may  also  meet  in  ex- 
tra session  at  any  time  for  county  health  purposes,  or  when  an  emer- 
gency or  necessity  may  require  same.  The  members  of  said  boards 

49 


HEALTH  BILL. 

shall  receive  as  their  compensation  the  sum  of  two  dollars  per  diem 
while  actually  engaged  in  the  performance  of  the  duties  of  said  board 
out  of  the  funds  of  said  county  appropriated  for  quarantine  and  sanita- 
tion. 

When  operative. 

SEC.  3.  Be  it  further  enacted,  That  the  following  provision  of  this 
Act  embodied  in  Sections  5,  6,  7,  8,  9,  10,  11,  12,  13,  14  and  15  shall 
become  operative  in  any  county  only  after  the  recommendation 
of  two  successive  grand  juries,  but  on  such  recommendation  it  shall 
become  obligatory  on  the  county  boards  of  health  and  the  county  boards 
of  roads  and  revenues  and,  in  counties  having  no  such  board,  upon  the 
ordinary  of  said  county  to  carry  out  the  provisions  of  this  Act.  The 
operations  of  said  Sections  of  this  Act  shall  likewise  be  suspended  in 
any  county  upon  the  recommendation  of  two  successive  grand  juries  of 
said  county. 

Sanitary  districts. 

SEC.  4.  Be  it  further  enacted,  That  for  the  purpose  of  carrying 
out  the  provisions  of  this  Act,  the  State  shall  be  divided  into  sanitary 
districts  as  follows:  Each  county  shall  constitute  a  sanitary  district, 
except  that  two  or  more  counties  each  having  a  population  of  less  than 
thirty-seven  thousand  inhabitants,  may  be  combined  into  one  sanitary 
district;  provided  that  the  total  population  of  the  counties  so  combined 
does  not  exceed  seventy-five  thousand  inhabitants.  Said  combination  of 
counties  into  a  joint  sanitary  district  shall  be  made  by  the  State  Board 
of  Health  upon  the  recommendation  and  consent  of  the  county  boards  of 
health  of  the  counties  concerned.  The  last  preceding  United  States  de- 
cennial census  shall  be  taken  as  a  basis  for  computation  of  population 
in  all  cases  under  this  Act. 

Commissioner  of  Health — Qualifications — Examination. 

SEC.  5.  Be  it  further  enacted,  That  in  every  such  sanitary  district 
there  shall  be  appointed  a  district  commissioner  of  health  for  a  term  of 
four  years.  For  a  county  district  the  appointing  board  shall  be  the 
county  board  of  health  and  for  districts  composed  of  more  than  one 
county  the  appointing  board  shall  be  composed  of  the  board  of  health 
of  all  the  counties  composing  said  district,  who  shall  meet  in  joint 
session  for  said  purpose.  The  district  commissioners  of  health  shall  be 
appointed  from  an  eligible  list  furnished  by  the  secretary  of  the  State 
Board  of  Health.  This  list  shall  contain  the  names  of  those  who  have 


50 


HEALTH  BILL. 

passed  a  satisfactory  examination  in  hygiene  and  sanitation  and  State 
health  laws,  and  certain  books  and  reports  may  be  prescribed  by  the 
examining  board  as  the  basis  of  such  examinations.  The  secretary  of 
the  State  Board  of  Health  shall,  with  the  aid  of  a  committee  from  the 
State  Board,  examine  all  applicants  for  the  position  of  district  health 
commissioner  under  rules  prescribed  by  the  State  Board  and  the  pro- 
visions of  this  Act;  and  he  shall  supervise  the  work  of  all  district  com- 
missioners of  health  and  shall  have  the  authority  to  suspend  such  com- 
missioner for  incompetency,  willful  neglect  of  duty,  immorality,  or  the 
commission  of  a  crime  involving  the  moral  turpitude  with  the  right 
of  appeal  by  the  party  so  suspended  to  the  State  Board,  whose  decision 
shall  be  final.  No  person  shall  be  examined  except  a  licensed  physician, 
able  bodied,  temperate  and  of  good  moral  character.  The  examining 
board  shall  prepare  a  list  of  questions  on  the  several  subjects  upon 
which  the  applicants  shall  be  examined  and  send  the  same  to  the  county 
superintendents  of  education  under  whose  supervision  the  examinations 
shall  be  held.  The  applicant  shall  sign  his  examination  paper  by  num- 
ber, and  in  a  sealed  envelope  accompanying  said  paper  shall  give  his 
name  and  the  number  he  has  adopted  so  that  his  name  shall  not  be 
known  until  after  the  board  of  examiners  shall  have  passed  upon  the 
question  of  his  admission  or  rejection.  The  board  of  examiners  shall 
prescribe  and  fix  a  certain  standard  percentage  for  passing  such  exam- 
ination: provided  that  each  person  applying  for  examination  shall  be 
a  resident  of  the  State,  and  shall  pay  in  advance  to  the  secretary  of  the 
State  Board  of  Health  the  sum  of  five  dollars  as  an  examination  fee. 
All  such  fees  shall  be  covered  into  the  general  fund  of  the  State.  Each 
person  passing  such  examination  shall  be  entitled  to  a  certificate  signed 
by  the  secretary  of  the  State  Board  of  Health,  under  the  seal  of  the 
State  Board  of  Health,  which  shall  be  conclusive  of  the  facts  stated  here- 
in as  to  such  examination  and  qualifications.  The  said  secretary  of  the 
State  Board  of  Health  shall,  as  soon  as  the  results  of  an  examination  have 
been  arrived  at,  file  a  copy  thereof  in  his  office  showing  the  persons  who 
have  been  passed,  and  at  the  same  time  send  by  mail  a  complete  list 
of  those  who  have  passed  to  the  chairman  of  each  county  board  of 
health  within  the  State.  Regular  examinations  shall  be  held  by  the 
board  in  the  months  of  October  and  April  of  each  year:  and  special 
examinations  may  be  held  by  the  secretary  of  the  State  Board  of 
Health  to  fill  vacancies  and  he  may  issue  a  certificate  which  will  hold 
good  until  the  next  regular  examination.  No  examination  fee  shall  be 
required  of  one  holding  a  temporary  certificate,  provided  same  was  paid 
at  the  time  of  standing  the  special  examination. 


51 


HEALTH  BILL. 

Time  of  meetings — Salaries — Bond. 

SEC.  6.  Be  it  further  enacted,  That  the  various  appointing  boards 
herein  authorized  and  designated,  shall  meet  on  the  first  Thursday  in 
January,  1915,  and  every  four  years  thereafter  to  perform  the  duties 
herein  prescribed.  They  shall  on  such  day  or  on  any  adjourned  day 
when  necessary,  select  from  the  list  of  eligible  candidates  who  have 
passed  any  of  the  examinations  herein  provided  for,  and  appoint  a 
health  commissioner  for  the  districts  over  which  jurisdiction  is  con- 
ferred upon  them.  Such  commissioners  shall  hold  office  until  their  suc- 
cessors are  appointed  and  qualified  unless  sooner  removed,  as  provided 
herein.  The  appointing  boards  shall  fix  the  salaries  of  said  officers  as 
hereinafter  provided.  In  case  a  vacancy  arises  in  such  office  before 
the  expiration  of  the  term,  the  appointing  board  for  such  district  shall 
meet  within  ten  days  thereafter  on  the  call  of  the  chairman  of  said 
board  or  of  any  two  members  thereof,  and  shall  fill  said  vacancy  in  the 
same  manner  as  is  herein  prescribed  for  regular  appointments.  Any 
person  so  appointed  to  fill  a  vacancy  shall  hold  office  for  the  remainder 
of  the  term  and  until  his  successor  is  appointed  and  qualified.  Each 
health  commissioner  appointed  shall  file  his  acceptance  of  his  constitu- 
tional oath  of  office  with  the  ordinary  of  the  county  in  the  county  dis- 
tricts and  with  the  ordinary  of  the  county  having  the  larger  population 
in  the  case  of  sanitary  districts  consisting  of  more  than  one  county. 
Each  commissioner  shall  be  required  to  give  bond  in  the  penal  sum  of 
one  thousand  dollars  conditioned  for  the  faithful  performance  of  his 
duties,  which  bond  shall  be  filed  with  the  same  person  as  prescribed 
for  the  filing  of  the  oath  of  office.  Such  acceptance,  oath  of  office 
and  bond  shall  be  filed  and  approved  by  the  person  receiving  same 
within  ten  days  after  such  appointment  shall  have  been  made. 

Duties — Bond. 

SEC.  7.  Be  it  further  enacted,  That  such  commissioner  shall  give 
his  entire  time  to  the  duties  of  his  office  and  shall  not  engage  in  private 
medical  practice,  or  actively  in  any  other  line  of  business.  They  shall 
possess  the  statutory  powers  of  a  constable  within  the  district  for  which 
appointed  in  all  matters  pertaining  to  public  health  and  in  enforce- 
ment of  the  health  laws.  They  are  hereby  declared  to  be  officers  of  the 
State  and  may  be  removed  for  malfeasance,  misfeasance  or  nonfeas- 
ance  in  office  and  for  incompetency.  When  a  district  commissioner  of 
health  is  suspended  by  the  secretary  of  the  State  Board  of  Health,  as 
hereinbefore  provided,  the  appointing  board  for  said  district  shall  ap- 
point a  successor  to  such  person  until  he  is  restored  by  law,  or  until 

52 


HEALTH  BILL. 

his  successor  is  appointed  and  qualified;  and  the  person  so  appointed  to 
fill  said  vacancy  shall  take  the  oath  and  give  the  bond  required  by  law 
of  the  regular  incumbent. 

Salaries. 

SEC.  8.  Be  it  further  enacted,  That  in  sanitary  districts  composed 
of  one  or  more  counties  the  commissioner  of  health  shall  receive  from 
the  county  or  counties  a  salary  to  be  fixed  by  the  county  board  of  health, 
or  by  the  boards  of  health  of  the  counties  composing  the  sanitary  dis- 
trict, as  the  case  may  be,  in  the  sum  of  not  less  than  twelve  hundred 
dollars  per  annum.  The  salaries  herein  provided  for  shall  be  paid  out 
of  any  fund  of  the  county  appropriated  therefor  and  in  the  same 
manner  as  the  salaries  of  other  officers. 

It  shall  be  the  duty  of  the  board  of  health  of  each  county,  at  its 
regular  January  session,  after  compliance  with  the  provisions  of  Sec- 
tion 5,  and  each  January  session  thereafter  to  determine  and  fix  the 
sum  necessary  to  meet  the  requirements  of  this  Act,  and  they  shall  cer- 
tify to  the  board  of  county  commissioners  of  roads  and  revenues,  or 
to  the  ordinary  of  the  county  in  counties  having  no  such  board,  the 
amount  so  fixed  upon  and  assessed  for  the  purposes  of  sanitation 
and  quarantine  for  said  county,  and  said  taxing  authority  of  said 
county  shall  levy  such  tax  at  the  time  and  in  the  same  manner  as  is  now 
prescribed  for  levying  taxes  for  other  county  purposes.  In  districts 
composed  of  more  than  one  county,  the  appointing  board  shall  prorate 
the  salary  so  fixed  among  the  several  counties  comprised  in  such  dis- 
tricts according  to  population.  It  shall  thereupon  be  the  duty  of  each 
county  to  contribute  its  portion  of  such  salary  to  the  commissioner  of 
health  and  it  shall  be  paid  out  of  the  sum  appropriated  therefor  and  in 
the  same  manner  as  the  salaries  of  other  county  officers  are  paid. 

Expenses. 

SEC.  9.  Be  it  further  enacted,  That  in  each  sanitary  district  there 
shall  be  an  annual  appropriation  of  not  less  than  five  hundred  dol- 
lars for  the  office  and  traveling  expenses  of  the  commissioner  of  health 
for  carrying  out  the  purposes  of  this  Act. 

This  sum  shall  be  in  addition  to  office  rent  where  necessary;  pro- 
vided, that  in  sanitary  districts  comprised  of  more  than  one  county, 
each  county  shall  contribute  not  less  than  two  hundred  and  fifty  dollars 
toward  the  expenses  of  such  commissioner,  not  including  office  rent 
where  necessary.  The  expense  fund  herein  provided  for  shall,  in  all 
cases,  be  paid  to  such  commissioner  on  the  first  secular  day  of  each 
month,  in  accordance  with  an  estimate  to  be  filed  by  the  commissioner 

53 


HEALTH  BILL. 

with  the  treasurer  of  the  county  at  the  end  of  each  preceding 
month.  All  expenditures  made  by  the  commissioners  of  health  shall 
be  submitted  in  detail  at  the  end  of  each  month  to  the  county  board 
of  health  of  the  county  or  counties  composing  said  district,  as  the  case 
may  be.  It  shall  be  the  duty  of  the  county  board  of  health  to  assess 
an  amount  sufficient  to  carry  out  the  provisions  of  this  Act,  and  certify 
the  same  to  the  taxing  authority  of  said  county,  as  aforesaid,  and  such 
taxing  authority  shall  levy  a  tax  for  said  purposes  as  aforesaid,  and 
in  the  absence  of  an  appropriation  made  therefor,  the  salaries  and  ex- 
penses provided  for  herein  shall  be  paid  out  of  the  general  funds  of  such 
county  not  otherwise  appropriated. 

Office. 

SEC.  10.  Be  it  further  enacted,  That  each  county  shall  provide 
suitable  quarters  for  the  district  commissioner  of  health  either  in  the 
county  court  house  or  in  rooms  rented  for  such  purposes.  In  sanitary 
districts  composed  of  more  than  one  county,  each  county  shall  provide 
quarters  for  said  commissioner,  but  the  commissioner  may  select  any 
one  of  the  county  seats  for  his  permanent  office,  which  he  may  equip 
out  of  district  funds  provided  therefor. 

Duties. 

SEC.  11.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
district  commissioner  of  health  to  be  vigilant  in  the  work  of  disease 
prevention  and  the  conservation  of  public  health,  and  to  enforce  all 
health  laws  of  the  State  and  health  ordinances  of  their  respective  lo- 
calities, together  with  the  rules  and  orders  of  the  State  Board  of  Health. 
They  shall  make  such  sanitary  inspections  and  surveys  of  their  districts 
as  may  be  required  from  time  to  time  by  the  State  Board  of  Health  or 
by  the  county  boards  of  health.  They  are  hereby  authorized  and  invested 
with  the  power  to  enter  upon  and  inspect  private  property  at  proper 
times  in  regard  to  the  possible  presence,  source  or  cause  of  disease,  to 
establish  quarantine  and  in  connection  therewith  to  order  what  is  rea- 
sonable and  necessary  for  the  prevention  and  suppression  of  disease, 
to  close  schools,  churches,  theatres  or  any  place  of  public  assemblage, 
forbid  public  gatherings  in  order  to  prevent  or  stay  epidemics  and  to 
this  end  may  call  in  the  aid  of  the  sheriff  and  constables  of  the  county, 
or  the  police  of  any  town  or  city,  who  shall  in  such  cases  render  him  all 
needed  assistance;  they  shall  collect  statistics  concerning  insanity,  feeble- 
mindedness, tuberculosis,  and  other  infectious  diseases;  they  shall  in- 
spect hotels,  inns,  railway  trains,  street  cars,  depots,  boats  and  ships, 
and  also  all  places  where  food  is  sold  and  shall  see  that  all  laws  per- 


54 


HEALTH  BILL. 

taining  to  infectious  and  contagious  diseases  are  properly  enforced. 
They  shall  inspect  at  least  once  every  six  months  and  make  a  sanitary 
survey  of  all  public  buildings  and  institutions  in  their  respective  juris- 
dictions and  shall  see  that  all  health  laws  are  properly  enforced  therein, 
particularly  in  jails,  guardhouses,  chaingangs,  and  other  places  of  de- 
tention and  also  shall  keep  a  report  thereof  as  part  of  the  records  of 
their  office  and  shall  also  file  a  similar  report  with  the  secretary  of  the 
State  Board  of  Health.  They  shall  at  least  once  every  school  year  in- 
spect and  make  a  sanitary  survey  of  the  buildings,  grounds  and  the 
water  supply  of  every  school  within  their  jurisdiction  and  shall  have 
power  to  close  any  school  when  the  sanitary  conditions  are  such  as  to 
endanger  or  imperil  the  health  or  life  of  the  pupils  attending  same. 
They  shall  also  examine  the  teachers  and  janitors  for  infectious  and 
contagious  diseases  and  shall  also  examine  each  pupil,  in  the  presence  of 
a  teacher  or  nurse,  for  infectious  and  contagious  diseases  and  for  in- 
testinal parasites  and  for  defects  of  eye,  ear,  nose,  throat,  lungs,  teeth 
and  other  physical  defects  and  shall  make  a  report  of  such  inspection 
and  examination  to  the  State  Board  of  Health,  to  the  county  board 
of  health,  and  in  case  of  incorporated  towns  and  cities  to  the  school 
board  of  such  municipality,  and  in  case  of  a  pupil  also  to  the  parent 
or  guardian.  Said  commissioner  shall  deliver  one  or  more  lectures  to  the 
pupils  of  each  school  in  his  district  at  least  once  every  school  year  and 
such  other  lectures  as  may  be  requested  by  the  county  board  of  health.  Said 
lectures  shall  be  upon  infectious  and  contagious  diseases,  the  part  played 
by  the  mosquitoes,  flies  and  other  insects  carrying  or  transmitting 
diseases  and  on  general  matters  of  health  and  sanitation  and  upon  such 
other  subjects  as  may  be  prescribed  by  the  State  Board  of  Health  or 
by  the  county  board.  They  shall  make  a  monthly  report  of  the  work 
done  by  them,  in  such  narrative  or  tabulated  form  as  may  be  required 
to  the  county  boards  of  health  and  to  the  State  Board  of  Health.  A 
permanent  record  of  all  work  done  in  each  county  shall  be  kept  by  the 
district  commissioner  of  health  in  form  books  prescribed  by  the  State 
Board  of  Health,  which  book  shall  be  open  to  public  inspection  and 
shall  be  delivered  by  him  to  his  successor  in  office.  A  separate  record 
book  shall  be  kept  in  each  county  of  the  work  done  in  that  county. 

Powers — Duties,  continued. 

SEC.  12.  Be  it  further  enacted.  That  in  sanitary  districts  com- 
posed of  more  than  one  county  the  district  commissioner  of  health  shall 
have  in  each  county  the  same  power,  authority  and  duties  as  the  com- 
missioner of  health  in  single  county  sanitary  districts.  In  such  dis- 
tricts the  district  commissioner  of  health  shall  divide  his  time  in  proper 


HEALTH  BILL. 

ratio  among  the  counties  comprising  said  district.  Every  commissioner 
of  health  appointed  under  the  provisions  of  this  Act  shall  at  all  times 
keep  himself  within  reach  of  telephone  and  telegraph  service,  where 
possible,  and  shall  respond  without  delay  to  the  calls  or  orders  of  the 
secretary  of  the  State  Board  or  local  boards  of  health  or  health  officers 
when  his  assistance  is  required. 

SEC.  13.  Be  it  further  enacted,  That  the  provisions  of  this  Act 
shall  not  be  held  to  be  inconsistent  with  the  present  laws  relating  to 
the  appointment  and  qualification  of  the  city  and  town  health  officers 
in  the  cities  and  towns  of  this  State.  But  the  district  commissioner  of 
health  shall  be  deemed  to  be  the  supreme  authority  on  all  matters  ar- 
fecting  the  public  health  of  his  district,  not  inconsistent  with  the  au- 
thority granted  to  the  State  Board  of  Health.  Any  town  or  city,  re- 
gardless of  population  may  have  a  health  organization  as  provided  in 
its  charter  in  addition  to  the  district  commissioner  of  health  herein  pro- 
vided for,  otherwise  all  Acts  or  parts  of  Acts  inconsistent  herewith  are 
hereby  repealed. 

Deputies — Nurses. 

SEC.  14.  Be  it  further  enacted,  That  the  county  boards  of  health, 
or  district  boards  of  health,  may  employ  as  many  deputy  commissioners 
of  health  as  they  may  deem  necessary  to  serve  the  best  interests  of 
their  county  or  district,  and  may  also  employ  visiting  nurses  to  aid 
them  in  the  examination  of  school  children  and  to  instruct  parents 
in  matters  pertaining  to  their  children,  and  to  perform  such  other 
duties  as  may  be  required  of  them  by  said  board.  This  Section  shall  be 
so  construed  as  to  allow  any  county  whether  in  a  single  county  sanitary 
district  or  in  a  joint  sanitary  district,  to  exercise  all  the  rights  and 
powers  granted  in  this  Section. 


Isolation   and   Quarantine  in  infectious   diseases    (Extracts  from 
Rules  and  Regulations  of  State  Board  of  Health). 

SEC.  15.  No  parent  or  householder  shall  permit  infected  persons 
(or  persons  exposed  to  infection),  clothing,  bedding,  furniture,  school- 
books,  library-books,  or  other  articles  likely  to  convey  infection  to  be 
removed  from  the  house  until  properly  disinfected,  under  the  super- 
vision of  the  local  board  of  health  or  its  proper  officer,  or  where  no 
board  exists,  by  the  attending  physician,  in  the  manner  recommended 
by  the  State  Board  of  Health. 

5(5 


CHILD  LABOR  LAW. 

SEC.  16.  The  isolation  of  patients  and  duration  of  quarantine  in 
infectious  diseases  shall  be  as  follows: 

DIPHTHERIA  OR  MEMBRANOUS  CROUP  :  For  the  Patient :  Isolation 
for  twenty-one  (21)  days  from  persons  and  domestic  animals,  and 
disinfection  of  premises.  For  persons  associated  with  or  in  the  house 
with  the  patient:  Adults:  Quarantine  until  after  death  or  recovery  of 
the  patient  and  disinfection  of  premises.  Children:  Quarantine  for 
seven  (7)  days  after  disinfection  of  premises.  Domestic  pets,  particu- 
larly cats,  are  frequent  carriers  of  this  infection.  That  the  use  of 
antitoxin  lessens  the  mortality,  but  does  not  attentuate  the  virus,  so 
that  the  same  length  of  quarantine  should  be  enforced  whether  antitoxins 
are  or  are  not  used. 

SCARLET  FEVER  (Scarletina,  Scarlet  Rash,  Roseola) :  Isolation  of 
patient  and  quarantine  of  children  associated  with,  or  in  the  house 
with  the  patient,  for  ten  (10)  days  after  complete  desquamation  or 
scaling  of  patient  and  disinfection  of  premises. 

SMALLPOX:  For  the  patient:  Isolation  until  after  all  crusts  or 
scales  have  fallen  off,  and  the  disinfection  of  patient's  body  and  the 
premises.  For  exposed  persons:  Quarantine  for  sixteen  (16)  days 
from  date  of  last  exposure. 

CHOLERA:  For  the  patient:  Isolation  until  after  complete  recov- 
ery and  disinfection  of  the  premises.  For  exposed  persons:  Quaran- 
tine for  five  days  (5)  days  from  date  of  last  exposure. 

YELLOW  FEVER:  Isolation  in  screened  room  (protected  fire-place) 
until  after  complete  recovery  and  disinfection  of  premises. 

TYPHUS  FEVER  :  For  the  patient :  Isolation  until  after  complete 
recovery  and  disinfection  of  the  premises.  For  exposed  persons: 
Quarantine  for  twenty-one  (21)  days  from  date  of  last  exposure. 


CHILD  LABOR  LAW. 


Two  exceptions  only. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  that 
no  child  under  the  age  of  fourteen  years  shall  be  employed  by,  or  per- 
mitted to  work  in  or  about,  any  mill,  factory,  laundry,  manufacturing 
establishment,  or  place  of  amusement;  except  that  children  over  twelve 
years  of  age,  who  have  widowed  mothers  dependent  upon  them  for 
support,  or  orphan  children  over  twelve  years  of  age  dependent  upon 

57 


CHILD  LABOR  LAW. 

their  own  labor  for  support,  may  work  in  factories  and  manufactories; 
except  that  the  foregoing  provisions  of  this  Section  shall  not  be  appli- 
cable in  instances  specified  and  provided  for  in  Section  Eight,  of  this 
Act. 

A  certificate  necessary. 

SEC.  2.  Be  it  further  enacted  by  the  authority  aforesaid  that  no 
child  under  fourteen  years  and  six  months  shall  be  employed  or  per- 
mitted to  work  in  any  of  the  establishments  or  occupations  mentioned 
in  Section  One,  unless  the  person,  firm  or  corporation  employing  such 
child  has  and  keeps,  on  file  accessible  to  the  officials  charged  with  the 
enforcement  of  this  Act,  a  certificate  from  the  superintendent  of  schools 
in  the  county  or  city  in  which  such  child  resides,  that  such  child  is  not 
less  than  fourteen  years  of  age,  has  attended  school  for  not  less  than 
twelve  weeks  of  the  twelve  months  preceding  the  date  of  issuance  of 
such  certificate;  except  that  the  foregoing  provisions  of  this  Section 
shall  not  be  applicable  in  instances  specified  and  provided  for  in  Section 
Eight  of  this  Act. 

May  revoke  certificate. 

SEC.  3.  Be  it  further  enacted  by  the  authority  aforesaid  that  the 
certificate  mentioned  in  the  foregoing  Section  shall  state  the  full  name, 
date  and  place  of  birth  of  the  child,  with  the  name  and  address  of  the 
parent,  guardian,  or  person  sustaining  the  parental  relationship  to 
such  child,  and  that  the  child  has  appeared  before  the  officer,  and  satis- 
factory evidence  submitted  that  the  child  is  of  legal  age.  Blank  forms 
of  these  certificates  shall  be  furnished  by  the  Commissioner  of  Labor 
to  the  superintendent  of  schools  in  the  respective  cities  and  counties. 
A  duplicate  copy  of  each  certificate  shall  be  filed  with  the  Commissioner 
of  Labor  within  four  days  from  its  issuance.  The  Commissioner  of 
Labor  may,  at  any  time,  revoke  any  certificate  if,  in  his  judgment,  the 
certificate  was  improperly  issued.  He  is  authorized  to  investigate  the 
true  age  of  any  child  employed,  hear  evidence,  and  require  the  produc- 
tion of  relevant  books  or  documents.  If  the  certificate  is  revoked,  the 
then  employer  shall  be  notified,  and  said  child  shall  not  thereafter  be 
employed  or  permitted  to  labor  until  a  new  certificate  has  been  legally 
obtained;  except  that  the  foregoing  provisions  of  this  Section  shall  not 
be  applicable  in  instances  specified  and  provided  for  in  Section  Eight 
of  this  Act. 

Relating  to  night  work. 

SEC.  4.  Be  it  further  enacted  by  the  authority  aforesaid  that  no 
child  under  fourteen  years  and  six  months  of  age  shall  be  permitted 

58 


CHILD  LABOR  LAW. 

to  work  in  or  about  any  of  the  establishments  in  Section  One,  or  Sec- 
tion Two,  of  this  Act,  between  the  hours  of  seven  p.  m.,  and  six  a.  m., 
according  to  the  standard  time  of  the  community  in  which  such  estab- 
lishment is  located. 

Duty  to  enforce  Act. 

SEC.  5.  Be  it  further  enacted  by  the  authority  aforesaid  that  it 
shall  be  the  duty  of  the  Commissioner  of  Labor  and  his  authorized 
assistants  to  see  that  the  provisions  of  this  Act  are  enforced. 

Penalty  for  violations. 

SEC.  6.  Be  it  further  enacted  by  the  authority  aforesaid,  that  any 
person,  agent,  or  representative  of  any  firm  or  corporation,  violating 
any  of  the  provisions  of  this  Act;  or  any  parent,  guardian,  or  other 
person  standing  in  parental  relationship  to  any  child,  who  shall  hire, 
or  place  for  employment  of  labor,  any  child  under  the  age  limits  in  any 
of  the  establishments  or  occupations  mentioned  in  Section  One,  of  this 
Act;  or  any  superintendent  of  county  or  city  schools  who  shall  issue  a 
certificate,  knowing  that  its  issuance  was  illegal;  or  any  person  who 
knowingly  furnishes  any  untrue  evidence  with  reference  to  the  date 
or  place  of  birth  of  said  child,  or  the  age  of  said  child  or  its  educational 
qualifications,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  accordingly. 

Code  Sections  3143-3149  repealed. 

SEC.  7.  Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
Act  approved  August  1st,  1906,  and  entitled  "An  Act  to  regulate  the 
employment  of  children  in  factories  and  manufacturing  establish- 
ments, in  this  State,  and  to  provide  for  the  punishment  of  violations 
of  the  regulations  prescribed,  and  for  other  purposes,"  and  codified  in 
Sections  3143  to  3149,  inclusive,  of  the  Code  of  Georgia,  of  1910,  is 
hereby  repealed. 

Commission  must  investigate. 

SEC.  8.  Be  it  further  enacted  by  the  authority  aforesaid,  that  it 
shall  be  lawful  for  a  child  twelve  years  of  age,  or  more,  to  work  in  and 
for  a  mill,  factory,  laundry,  manufacturing  establishment,  or  place  of 
amusement,  if  such  child  has  dependent  upon  his  labor  a  widowed 
mother,  or  if  such  child  is  an  orphan  dependent  upon  his  own  labor. 
Whenever  such  child  desires  to  work  in  any  of  such  places  as  specified 
above,  the  fact  that  such  child's  labor  is  necessary  to  support  a  widowed 

59 


CHILD  LABOR  LAW. 

mother  or  to  support  such  orphan  child,  must  be  found  to  be  true  after 
an  investigation  by  a  commission  composed  of  the  county  school  sup- 
erintendent and  the  ordinary  of  the  county,  where  the  work  is  to  be 
done,  and  the  head  of  the  school  in  the  school  district  where  the  said 
child  lives.  After  an  investigation  by  said  commission,  if  it,  or  a  ma- 
jority of  its  members  find  that  the  facts  exist  to  authorize  such  child 
to  work  in,  or  for  any  of  the  establishments  mentioned  in  Section  One 
of  this  Act,  because  of  the  existence  of  either  of  the  conditions  herein- 
before set  out,  such  commission  shall  issue  a  certificate  to  that  effect, 
which  shall  be  kept  of  file  in  the  office  of  the  establishment  where  said 
child  is  at  work.  Such  commission  shall  make  an  investigation  and 
issue  a  new  certificate  at  least  once  each  six  months  and  may  prescribe 
as  a  condition  precedent  to  the  issuance  of  such  certificate  school  at- 
tendance for  such  length  of  time  and  at  such  time  as  in  its  discretion 
seems  wise. 

No  such  certificate  more  than  six  months  old  shall  authorize  the  em- 
ployment of  any  child  under  fourteen  and  one-half  years  of  age  in  or 
for  any  of  the  places  specified  in  Section  One  of  this  Act. 

Conflicting  laws  repealed. 

SEC.  9.  Be  it  further  enacted  by  the  authority  aforesaid,  that  all 
laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  Act  be 
and  the  same  are  hereby  repealed. 

In  effect  January  1,  1915. 

SEC.  10.    Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
provisions  of  this  Act  shall  be  in  force  on  and  after  January  1,  1915. 
Approved  August  14,  1914. 


UNIFORM  TEXT-BOOK  LAW. 


IX. 
UNIFORM  TEXT-BOOK  LAW. 


School-book  Commission. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Georgia,  and  it  is  hereby  enacted  by  authority  of  the  same,  That  Acts  of 
the  State  Board  of  Education,  consisting  of  the  Governor,  Secretary  page  58. 
of  State,  Comptroller-General,  Attorney  General  and  State  School  Com- 
missioner, be,  and  are,  hereby  made  the  School-book  Commission  of 
the  State  of  Georgia.  The  members  of  the  said  School-book  Commis- 
sion shall  serve  without  compensation;  the  Governor  shall  be  President 
and  the  State  School  Commissioner  shall  be  the  executive  officer  of  said 
School-book  Commission.  Before  transacting  any  business  relating 
to  the  duties  of  this  Commission,  they  shall  each  take  an  oath  before 
some  person  authorized  to  administer  same,  to  faithfully  discharge  all 
the  duties  imposed  upon  them  as  members  of  the  said  School-book 
Commission,  and  that  they  have  no  interest,  direct  or  indirect,  in  any 
contract  that  may  be  made  under  this  Act,  and  will  receive  no  personal 
benefit  therefrom. 

Uniform  series  of  text-books. 

SEC.  2.     Be  it  also  enacted  by  the  authority  aforesaid,  That  from 
and  after  the  first  day  of  January,  1904,  or  such  date  thereafter,  not  of 


more  than  sixty  days,  as  shall  be  deemed  necessary  and  practicable  by    page  54> 

the  School-book  Commission  to  allow  to  the  contractors  to  furnish  to 

the  schools  of  the  State  the  books  included  in  the  contracts  made  by 

such  Commission  with  such  contractors,  a  uniform  series  of  text-books, 

shall  be  used  in  all  the  common  schools  of  this  State,  to  be  adopted  in 

the  manner   and   for  the  time   hereinafter  provided,   which   uniform 

series  of  books  shall  be  in  use  in  all  the  common  schools  of  this  State, 

and  shall  include  the  following  elements  of  an  English  education  only, 

to  wit:     Orthography,  reading,  writing,  arithmetic,  geography,  English 

language  lessons,  English  grammar,  history  of  Georgia,  containing  the 

Constitution  of  the  State  of  Georgia,  history  of  the  United  States,  con- 

taining the  Constitution  of  the  United  States,  physiology  and  hygiene, 

the  elementary  principles  of  agriculture  and  civil  government,  and  such 

other  branches  of  study  in  addition  to  the  above-mentioned  as  may  be 

61 


UNIFORM  TEXT-BOOK  LAW. 

from  time  to  time  provided  for  by  statute,  and  not  conflicting  with  the 
Constitution  of  this  State,  provided,  that  none  of  said  text-books  so 
adopted  shall  contain  any  thing  of  a  partisan  or  sectarian  character; 
and  provided,  that  no  county,  city  or  town  that  levies  a  local  tax  for 
the  purpose  of  maintaining  a  system  of  graded  schools  which  local 
tax  together  with  the  State  fund,  is  sufficient  to  maintain  said  system 
of  graded  schools,  for  as  long  a  period  as  eight  months  in  each  year, 
shall  be  included  in  the  provisions  of  this  Act:  but  if  the  duly  consti- 
tuted authorities  in  charge  of  any  local  system  in  this  State  should 
desire  to  use  any  of  the  books  selected  by  said  School-book  Commis- 
sion, the  said  local  system  shall  have  the  privilege  of  buying  said 
books  at  the  same  price  and  on  the  same  terms  at  which  they  are 
furnished  to  the  common  schools  of  the  State. 

Sub-commission. 

SEC.  3.  Be  it  further  enacted  by  the  authority  aforesaid,  That  it 
shall  be  the  duty  of  the  said  School-book  Commission  to  elect  a  sub- 
commission  of  five,  to  be  selected  from  among  the  teachers  of  the  State 
who  are  actively  engaged  in  school  work,  either  as  normal  school  teach- 
ers, common  school  teachers,  graded  school  teachers,  county  school  com- 
missioners or  city  superintendents,  provided)  that  no  more  than  one  of 
the  members  of  said  sub-commission  shall  be  taken  from  one  congres- 
sional district.  Sample  copies  of  all  books  sent  to  the  said  School- 
book  Commission  as  specimen  copies  upon  which  bids  are  to  be  based 
shall  be  referred  to  the  sub-commission  for  examination,  and  said  sub- 
commission  shall  examine  and  report  upon  the  merits  and  demerits  of 
the  books  irrespective  of  prices,  taking  into  consideration  the  subject- 
matter  of  the  books,  their  printing,  their  material  and  mechanical 
qualities  and  their  general  suitability  and  desirability  for  the  purpose 
for  which  they  are  desired  and  intended.  It  shall  further  be  the  duty 
of  each  member  of  said  sub-commission  to  make  an  individual  report 
to  the  said  School-book  Commission  at  such  time  as  said  Commission 
shall  direct,  arranging  each  book  in  its  class,  and  reporting  them  in  the 
order  of  their  merit,  pointing  out  the  merits  and  demerits  of  each 
book,  and  indicating  what  books  he  recommends  for  adoption  first,  what 
book  is  his  second  choice,  and  what  his  third  choice,  and  so  on,  pursuing 
this  plan  with  the  books  submitted  upon  each  branch  of  study;  and  if 
any  member  of  said  sub-commission  shall  consider  different  books 
upon  the  same  subject  or  of  the  same  class  or  division  of  approximately 
equal  merit,  all  things  being  considered,  he  shall  so  report,  and  if  he 
thinks  that  any  of  the  books  offered  are  of  such  character  as  to  make 
them  inferior  and  not  worthy  of  adoption,  he  shall,  in  his  report, 

62 


UNIFORM  TEXT-BOOK  LAW. 

designate  such  books,  and  in  said  report  each  member  of  said  sub- 
commission  shall  make  such  recommendation  and  suggestions  to  the 
said  School-book  Commission  as  he  shall  deem  advisable  and  proper 
to  make.  Said  individual  reports  of  the  different  members  of  the  sub- 
commission  shall  be  kept  secret  and  sealed  and  shall  be  delivered  to 
the  Secretary  of  State,  and  said  report  not  be  opened  until  the  said 
School-book  Commission  shall  meet  in  executive  session  to  open  and 
consider  the  bids  or  proposals  of  publishers  and  others  desiring  to 
have  books  adopted  by  said  commission.  Each  member  of  said  sub- 
commission,  before  entering  upon  the  duties  of  said  sub- 
commission,  shall  take  and  prescribe  an  oath  to  act  honestly,  conscien- 
tiously and  faithfully,  and  that  he  is  not  directly  or  indirectly  in  any 
manner  interested  in  any  of  the  proposed  contracts,  nor  in  any  book  or 
publishing  concern  of  any  kind  or  character,  and  that  he  will  examine 
all  books  submitted  carefully  and  faithfully,  and  make  true  reports 
thereon,  as  herein  directed  and  prescribed;  said  oath  shall  be  filed  in 
the  office  of  the  Secretary  of  State.  Said  School-book  Commission  shall 
hear  and  consider  said  reports  of  the  members  of  the  sub-commission 
in  its  selection  and  adoption  of  the  uniform  series  of  text-books,  and 
shall  also  themselves  consider  the  merits  of  the  books,  taking  into  con- 
sideration the  subject-matter,  the  printing,  binding  and  material  and 
mechanical  qualities  and  their  general  suitability  and  desirability  for 
the  purposes  intended  and  the  price  of  said  books;  and  they  shall  give 
due  consideration  and  great  weight  to  the  reports  and  recommendations 
of  the  sub-commission;  provided,  that  no  text-book,  the  subject-matter 
of  which  is  of  inferior  quality,  shall  be  adopted  by  the  said  School- 
book  Commission.  Said  School-book  Commission  shall  select  and 
adopt  such  books  as  will,  in  their  best  judgment,  accomplish  the  ends 
desired.  When  the  said  School-book  Commission  shall  have  finished 
with  the  reports  of  said  sub-commission,  the  individual  reports  of  the 
members  of  said  sub-commission  shall  be  filed  and  preserved  in  the 
office  of  the  State  School  Commissioner,  and  shall  be  open  at  all  times 
for  public  inspection. 

Bids — Filed  with  State  Superintendent  of  Schools,  Etc. 

SEC.  4.     Be  it  further  enacted,  That  the  said   School-book  Com- 
mission shall  meet  in  the  office  of  the  State  Commissioner  not  later    Acts  of 
than  September  1,  1903,  and  advertise  in  such  manner  and  form  as    page  55. 
they  may  deem  best,  that,  at  a  time  to  be  fixed  by  said  commission 
to  be  named  in  the  advertisement,  and  not  to  be  later  than  November  1, 
1903,  said   School-book   Commission  will  receive  at  the  office  of  the 
State  School  Commissioner,  in  the  city  of  Atlanta,  sealed  bids  or  pro- 
posals from  the  publishers  of  school-books  for  furnishing  books  to  the 

63 


UNIFORM  TEXT-BOOK  LA\V. 

public  common  schools  of  the  State  of  Georgia  through  agencies  estab- 
lished by  said  publishers  in  the  several  counties  and  places  in  counties 
in  the  State,  as  may  be  provided  for  in  such  regulations  as  said  School- 
book  Commission  may  adopt  and  prescribe.  The  bids  or  proposals 
shall  be  for  furnishing  the  books  specified  for  a  period  of  five  years, 
and  no  longer.  Said  bids  or  proposals  shall  state  specifically  and 
clearly  the  retail  price  at  which  each  book  will  be  furnished,  and  also 
the  exchange  price  for  the  introduction  of  such  books.  Each  bid  or 
proposal  shall  be  accompanied  by  specimen  copies  of  each  and  all 
books  to  be  furnished  in  said  bid;  and  it  shall  be  required  that  each 
bidder  shall  deposit  with  the  Treasurer  of  the  State  of  Georgia  a  sum 
of  money  such  as  the  said  School-book  Commission  may  require,  of 
not  less  than  five  hundred  dollars,  and  not  more  than  twenty-five  hun- 
dred dollars,  according  to  the  number  of  books  each  bidder  may  propose 
to  supply,  and  such  deposit  shall  be  forfeited  absolutely  to  the  State 
if  the  bidder  shall  fail  or  refuse  to  make  and  execute  such  contract  or 
bond  as  is  hereinafter  required  within  such  time  as  the  said  School- 
book  Commission  may  require,  which  time  shall  not  be  later  than 
January  1,  1904,  and  shall  also  be  stated  in  said  advertisement.  All 
bids  shall  be  sealed  and  deposited  with  the  Secretary  of  State,  to  be  by 
him  delivered  to  the  said  School-book  Commission  when  they  are  in 
executive  session  for  the  purpose  of  considering  the  same,  when  they 
shall  be  opened  in  the  presence  of  said  School-book  Commission; 
provided,  that  the  School-book  Commission  shall  have  authority,  upon 
the  acceptance  of  any  bid  and  the  execution  of  any  contract  to  furnish 
school-books  under  the  provisions  of  this  Act,  to  allow  such  time,  after 
January  1,  1904,  as  may  be  deemed  by  said  Commission  reasonable  and 
necessary  (not  more  than  sixty  days),  to  the  contractor  making  such 
bid  or  contract,  within  which  to  furnish  to  all  the  schools  of  this  State 
coming  under  the  provisions  of  this  Act,  with  all  the  books  contracted 
to  be  furnished. 

Adoption — contracts — forfeitures  and  recoveries  on  Bonds. 

SEC.  5.     Be  it  further  enacted  by  the  authority  aforesaid,  That  it 

shall  be  the  duty  of  said  School-book  Commission  to  meet  at  the  time 

Acts  of  and  place  noted  in  said  advertisement  and  take  out  the  specimen  copies 

page  57.          submitted  and  upon  which  bids  are  based,  and  refer  and  submit  them 

to  the  sub-commission  as  provided  for  and  directed  in  Section  3  of  this 

Act,  with  instruction  to  the  said  sub-commission  to  report  to  them  at 

a  specified  time  with  their  reports,  classifications  and  recommendations 

as  provided  in  Section  3.    When  the  said  reports  are  submitted  it  shall 

be  the  duty  of  the  said  School-book  Commission  to  open  and  examine 

all  sealed  proposals  submitted  and  received  in  pursuance  of  the  notice 

64 


UNIFORM  TEXT-BOOK  LAW. 

provided  in  Section  4  of  this  Act.  It  shall  then  be  the  duty  of  said 
School-book  Commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  reports  and  recommendations  of  the 
members  of  the  sub-commission,  and  determine,  in  the  manner  provided 
in  Section  3  of  this  Act,  what  book  or  books  upon  the  branches  herein 
above  mentioned,  or  that  hereafter  may  be  added  by  said  School-book 
Commission,  or  may  be  hereinafter  provided  for  in  this  Act,  shall  be 
selected  and  adopted,  taking  into  consideration  the  size,  quality  as  to 
subject-matter,  material,  printing,  binding,  and  the  mechanical  execu- 
tion and  price  and  the  general  suitability  for  the  purposes  desired  and 
intended.  And  after  such  adoption  shall  have  been  made,  the  said 
School-book  Commission  shall,  by  registered  mail,  notify  the  publishers 
or  proposers  to  whom  contracts  have  been  awarded,  and  it  shall  then  be 
the  duty  of  the  Attorney-General  of  the  State  to  prepare  the  said 
contract  or  contracts  in  accordance  with  the  terms  and  provisions  of 
this  Act,  and  the  said  contract  shall  be  executed  by  the  Governor  and 
attested  by  the  Secretary  of  State  with  the  seal  of  the  State  attached 
upon  the  part  of  the  State  of  Georgia,  and  the  said  contract  shall  be 
executed  in  triplicate,  one  copy  to  be  kept  by  the  contractor,  one  copy 
by  the  School-book  Commission,  and  copied  in  full  upon  the  minute- 
book  of  the  commission,  and  one  copy  to  be  filed  in  the  office  of  the 
Secretary  of  State.  At  the  time  of  the  execution  of  the  contract  afore- 
said, the  contractor  shall  enter  into  a  bond  in  the  full  sum  of  not  less 
than  one  thousand  dollars  nor  more  than  twenty  thousand  dollars, 
payable  to  the  State  of  Georgia,  the  amount  of  said  bond  within  said 
limits  to  be  fixed  by  said  School-book  Commission,  conditioned  upon 
the  faithful,  honest  and  exact  performance  of  said  contracts,  and 
shall  further  provide  for  the  payment  of  reasonable  attorney's  fees 
in  case  of  recovery  on  any  suit  upon  the  same,  with  three  or  more 
good  and  solvent  sureties,  actual  citizens  and  residents  of  the  State  of 
Georgia,  or  any  guarantee  company  authorized  to  do  business  in  the 
State  of  Georgia  may  become  the  surety  on  the  said  bond;  and  it  shall  be 
the  duty  of  the  Attorney-General  to  prepare  and  approve  said  bond; 
provided,  however,  that  said  bond  shall  not  be  executed  in  a  single 
recovery,  but  may  be  sued  upon  from  time  to  time,  until  the  full  amount 
thereof  shall  be  recovered;  and  the  said  School-book  Commission,  may, 
at  any  time,  by  giving  thirty  days'  notice,  require  additional  security 
or  additional  bond  within  the  limits  prescribed.  And  when  any  persons, 
firm  or  corporation  shall  have  been  awarded  a  contract  and  submitted 
therewith  the  bond  as  required  hereunder,  the  said  School-book  Com- 
mission through  its  secretary,  shall  so  inform  the  Treasurer  of  the 
State,  and  it  shall  then  be  the  duty  of  the  Treasurer  of  the  State  to 
return  to  such  contractor  the  cash  deposit  made  by  him;  and  the  said 

65 


UNIFORM  TEXT-BOOK  LAW. 

School-book  Commission,  through  its  secretary,  shall  inform  the  Treas- 
urer of  the  State  of  the  names  of  the  unsuccessful  bidders  or  proposers, 
and  the  Treasurer  of  the  State  shall,  upon  receipt  of  this  notice,  return 
to  the  unsuccessful  bidders  or  proposers  the  amount  deposited  in  cash 
by  the  unsuccessful  bidders  or  proposers  at  the  time  of  the  submission 
of  their  bids.  But  should  any  person  or  persons,  firm,  company  or 
corporation  fail  or  refuse  to  execute  the  contract  and  submit  therewith 
his  bond  as  required  by  this  Act  within  thirty  days  of  the  awarding 
of  the  contract  to  him  and  the  mailing  of  the  registered  letter  contain- 
ing the  notice  (and  it  is  hereby  provided  that  the  mailing  of  the  regis- 
tered letter  shall  be  sufficient  evidence  that  the  notice  was  given  and 
received),  the  said  cash  deposit  shall  be  deemed  and  declared  forfeited 
to  the  State  of  Georgia  and  it  shall  be  the  duty  of  the  Treasurer  to 
place  said  cash  deposit  in  the  treasury  of  the  State  to  the  credit  of 
the  school  fund;  and  provided,  further,  that  any  recovery  had  on  any 
bond  given  by  any  contractor  shall  inure  to  benefit  of  the  school  fund 
of  the  State,  and  when  collected  shall  be  placed  in  the  treasury  to  the 
credit  of  the  school  fund  and  be  prorated  among  the  several  counties 
of  the  State. 

Standard  of  books — prices — exchange  price. 

SEC.  6.  Be  it  further  enacted  by  the  authority  aforesaid,  That  the 
books  furnished  under  any  contract  shall  be  equal  in  all  respects  to  the 
specimen  or  sample  copies  furnished  with  the  bids;  and  it  shall  be 
the  duty  of  the  Secretary  of  State  to  preserve  in  his  office,  as  the 
standards  of  quality  and  excellence  to  be  maintained  in  such  books 
during  the  continuance  of  such  contract,  the  specimen  or  sample  copies 
of  all  books  which  have  been  the  basis  of  any  contract,  together  with  the 
original  bid  or  proposal.  It  shall  be  the  duty  of  all  contractors  to  print 
plainly  on  the  back  of  each  book  the  contract  price  as  well  as  the 
exchange  price  at  which  it  is  agreed  to  be  furnished,  but  the  books  sub- 
mitted as  sample  or  specimen  copies  with  the  original  bids  shall  not 
have  the  price  printed  on  them  before  they  are  submitted  to  the  sub- 
commission.  And  the  said  School-book  Commission  shall  not  in  any 
case  contract  with  any  person,  publisher  or  publishers  for  the  use  of 
any  book  or  books  which  are  to  be  or  shall  be  sold  to  patrons  for  use 
in  any  public  school  in  this  State  at  a  price  above  or  in  excess  of  the 
price  at  which  such  book  or  books  are  furnished  by  said  persons,  pub- 
lisher or  publishers  under  contract  to  any  State,  county  or  school  dis 
trict  in  the  United  States  under  like  conditions  prevailing  -in  that 
State  and  in  this  Act;  and  it  shall  be  stipulated  in  each  contract  that 
the  contractor  is  not  now  furnishing,  under  contract,  any  State,  county 

66 


TEXT-BOOK  LAW. 

or  school  district  in  the  United  States  where  like  conditions  prevail 
as  are  prevailing  in  this  State  and  under  this  Act,  the  same  book  or 
books  as  are  embraced  in  said  contract  at  a  price  lower  or  less  than 
the  prices  stipulated  in  the  said  contract;  and  that  in  case  said  con- 
tractors shall  hereafter  during  the  term  of  said  conrtact,  contract  to 
furnish,  or  furnish,  to  any  State,  county  or  school  district  such  book 
or  books  at  a  lower  price  than  that  named  in  the  contract,  such  lower 
price  shall  become  the  price  of  such  book  or  books  under  the  contract 
entered  into  with   the  said   School-book   Commission.     And  the  said 
School-book  Commission  is  hereby  authorized  and  directed  at  any  time 
they  find  that  any  books  are  being  sold  at  a  lower  price,  under  contract, 
to  any  State,  county  or  school  district  aforesaid  to  sue  upon  the  bond 
of   said   contractor   and   recover  the  difference  between   the   contract 
price  and  the  lower  price  at  which  they  find  the  books  are  being  sold* 
And  in  case  any  contractor  shall  fail  to  execute  specifically  the  terms 
and  provisions  of  his  contract,  said  School-book  Commission  is  hereby- 
authorized,  empowered  and  directed  to  bring  suit  and  all  damages,  the- 
suit  to  be  in  the  name  of  the  State  of  Georgia  and  the  recovery  for  the 
benefit  of  the  public  school  fund.    But  nothing  in  this  Act  shall  be  con- 
strued so  as  to  prevent  said  School-book  Commission,  and  any  other  con- 
tractor agreeing  thereto,   from  in   any  manner   changing  or  altering 
any  contract,  provided  four  members  of  the  State  School-book  Com- 
mission shall  agree  to  the  change  and  think  it  advisable  and  for  the  best 
interest  of  the  public  schools  of  the  State.     In  all  other  matters  a 
majority  of  said  School-book  Commission  shall  control. 

SEC.  7.  Be  it  further  enacted  by  the  authority  aforesaid.  That  it 
shall  be  always  a  part  of  the  terms  and  conditions  of  any  contract  Acts  of 
made  in  pursuance  of  this  Act,  the  State  of  Georgia  shall  not  be  liable  page  60. 
to  any  contractor  in  any  manner,  for  any  sum  whatever;  but  all  such 
contractors  shall  receive  their  pay  or  consideration  in  compensation 
solely  and  exclusively  derived  from  the  proceeds  of  the  sale  of  books, 
as  provided  for  in  this  Act;  provided  further,  that  the  said  School- 
book  Commission  shall  stipulate  in  the  contract  for  the  supplying  of 
any  book  or  books,  as  herein  provided,  that  the  contractor  or  con- 
tractors shall  take  up  the  school-books  now  in  use  in  this  State  and 
receive  the  same  in  exchange  for  new  books  at  a  price  not  less  than  fifty 
per  cent,  of  the  contract  price;  but  the  exchange  period  shall  not  ex- 
tend beyond  the  limit  of  one  year  from  time  of  the  expiration  of  eon- 
tracts  existing  in  counties  in  which  said  change  shall  be  required  under 
this  Act.  And  each  person  or  publisher  making  any  bid  for  the  sup- 
plying of  any  books  hereunder  shall  state  in  such  bid  or  proposal  the 
exchange  price  at  which  such  book  or  books  shall  be  furnished. 

67 


UNIFORM  TEXT-BOOK  LAW. 

Bids  may  be  rejected. 

SEC.  8.  Be  it  further  enacted  by  the  authority  aforesaid,  That  the 
said  School-book  Commission  shall  have  and  reserve  the  right  to  reject 
any  and  all  bids  or  proposals  if  said  commission  be  of  the  opinion 
that  any  or  all  bids  should,  for  any  reason,  be  rejected;  and  in  case 
they  fail  from  among  the  bids  or  proposals  submitted  to  select  any 
book  or  books  upon  any  of  the  branches  of  study  herein  provided  for 
in  this  Act,  they  may  re-advertise  for  sealed  bids  or  proposals  under 
same  terms  and  conditions  as  before,  and  proceed  in  their  investiga- 
tion in  all  respects  as  they  did  in  the  first  instance  and  as  required 
by  the  terms  and  provisions  of  this  Act. 

Proclamation  by  the  Governor. 

SEC.  9.  Be  it  further  enacted  by  the  authority  aforesaid,  That  as 
soon  as  said  Commission  shall  have  entered  into  a  contract  or  contracts 
for  the  furnishing  or  supplying  of  books  for  use  in  the  public  schools 
of  this  State,  it  shall  be  the  duty  of  the  Governor  to  issue  his  proclama- 
tion announcing  such  fact  to  the  people  of  the  State. 


Depositories. 

SEC.  10.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
the  party  or  parties  with  whom  the  contract  or  contracts  shall  be  made 
shall  establish  and  maintain  in  some  city  in  this  State  a  depository 
where  a  stock  of  their  books  sufficient  to  supply  all  the  immediate 
demands  shall  be  kept.  They  shall  also  establish  and  maintain  not 
less  than  one  nor  more  than  three  agencies  in  every  county  in  the 
State  as  the  State  School-book  Commission  shall  deem  advisable  and 
demand,  for  distribution  of  the  books  to  the  patrons ;  but  the  contractor 
shall  also  be  permitted  to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books.  Any  party  not  living 
conveniently  near  an  agency  or  county  depository  may  order  any  books 
desired  from  the  central  depository  direct,  and  it  shall  be  the  duty  of 
the  contractor  to  deliver  any  books  so  ordered  to  the  person  so  ordering 
to  his  postoffice  address,  freight,  express,  postage  or  other  charges  pre- 
paid, at  the  retail  contract  price;  provided,  that  the  price  of  the  book 
or  books  so  ordered  shall  be  paid  in  advance.  All  books  shall  be  sold 
to  the  consumer  at  the  retail  contract  prices,  and  on  the  cover  of  each 
book  shall  be  printed  the  following:  "The  price  printed  hereon  is 
fixed  by  a  State  contract,  and  any  deviation  therefrom  shall  be  re- 
ported to  your  County  School  Commissioner  or  to  the  State  School 
Commissioner  at  Atlanta";  and  it  is  expressly  provided  that  should 


UNIFORM  TEXT-BOOK  LAW. 

any  party  contracting  to  furnish  books  as  provided  for  in  this  Act 
fail  to  furnish  them,  or  otherwise  breach  his  contract,  in  addition  to  the 
right  of  the  State  to  sue  on  the  bond  herein  above  required,  the  County 
Board  of  Education  may  sue  in  the  name  of  the  State  of  Georgia  in 
any  court  having  jurisdiction  and  recover  on  the  bond  of  the  contractor 
the  full  value  of  the  books  so  failed  to  be  furnished  for  the  use  and 
benefit  of  the  school  fund  of  the  county;  provided,  that  the  right  of 
action  given  to  the  County  Board  of  Education  shall  be  limited  to 
breaches  of  the  contract  committed  in  that  county. 

Powers  of  Commission. 

SEC.  11.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
the  said  School-book  Commission  may  from  time  to  time  make  any  Acts  of 
necessary  regulations  not  contrary  to  the  provisions  of  this  Act,  to  p^gl'  32. 
secure  the  prompt  distribution  of  the  books  herein  provided  for  and 
the  prompt  and  faithful  execution  of  all  contracts;  and  it  is  expressly 
now  provided  that  said  commission  shall  maintain  its  organization 
during  the  five  years  of  the  continuance  of  the  contract,  and  after  the 
expiration  of  the  same  to  renew  such  of  them  as  they  deem  advisable, 
or  re-advertise  for  new  bids  or  proposals  as  required  by  this  Act  in 
the  first  instance,  and  enter  into  such  other  contracts  as  they  may  deem 
for  the  best  interest  of  the  patrons  of  the  public  schools  of  the  State; 
provided,  that  any  contract  entered  into  or  renewed  shall  be  for  the  term 
of  five  years. 

Notice  by  State  School  Commissioner. 

SEC.  12.     Be  it  further  enacted  by  the  authority  aforesaid,   That 
as  soon  as  practicable  after  the  adoption  provided  for  in  this  Act,  the    Acts  of 
State  School  Commissioner  shall  issue  a  circular  letter  to  each  county    page  62. 
commissioner  and  city  superintendent  in  the  State,  and  to  such  others 
as  he  may  desire  to  send  it,  which  letter  shall  contain  the  list  of  books 
adopted,  the  prices,  location  of  agencies,  method  of  distribution  and 
such  other  information  as  he  may  deem  necessary. 

Books  adopted  to  be  used  to  exclusion  of  others — Supplementary 
readers. 

SEC.  13.     Be  it  further  enacted  by  the  authority  aforesaid,  That  the 
books  adopted  under  the  provisions  of  this  Act  shall  be  used  to  the    ^cts  of 
exclusion  of  all  others  on  the  same  subject  in  all  the  public  common    page    6-2. 
schools  of  the  State ;  provided,  that  supplementary  readers  may  be  used 
in  any  of  the  common  schools  of  the  State,  but  even  supplementary 


UNIFORM  TEXT-BOOK  LAW. 


Acts  of 
1903, 
page  62. 


readers  shall  not  be  used  until  after  the  regular  readers  prescribed  have 
been  completed,  and  in  no  case  shall  supplementary  readers  be  used  to 
the  exclusion  of  the  regular  readers  adopted  under  this  Act. 

SEC.  14.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
any  person  or  persons  violating  the  preceding  Section  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than  twenty-five 
dollars. 


Acts  of 
1903, 
page  62. 


Acts  of 

1903, 
page  63. 


Acts  of 
1903, 
page    63. 


Penalties  for  violation  of  law. 

SEC.  15.  Be  it  further  enacted  by  the  authority  aforesaid,  That  if 
any  county  school  commissioner  fails  or  refuses  to  enforce  the  pro- 
visions of  this  Act,  said  county  shall  receive  no  part  of  the  public 
school  fund  of  the  State  of  Georgia  until  the  provisions  of  this  Act 
have  been  complied  with.  Any  teacher  of  a  public  common  school  in 
this  State  violating  the  provisions  of  this  Act  shall  not  receive  any 
salary  so  long  as  he  or  she  shall  fail  to  carry  out  the  provisions  of  this 
Act.  Any  teacher  who  shall  use  or  permit  to  be  used  in  his  or  her 
school  any  text-book  upon  the  branches  embraced  in  this  Act,  where 
the  commission  has  adopted  a  book  upon  that  branch,  other  than  the 
one  so  adopted  (except  it  be  supplementary  readers  as  provided  in 
Section  13)  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  as 
provided  in  Section  14  of  this  Act. 

SEC.  16.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
if  any  local  agent,  dealer,  clerk  or  other  person  handling  or  selling  the 
books  adopted  under  this  Act  shall  demand  or  receive  for  any  copy  of 
any  of  the  books  herein  provided  for,  more  than  the  contract  price  in 
cases  where  the  purchase  is  for  cash,  he  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  for  each  offense  be  punished  by  a 
fine  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

Appropriation  for  expenses  of  adoption. 

SEC.  17.  Be  it  further  enacted  by  the  authority  aforesaid,  That  the 
sum  of  one  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
to  be  paid  out  of  the  public  school  fund,  be,  and  is,  hereby  appropriated 
for  the  purpose  of  paying  the  eost  and  expense  of  carrying  into  effect 
the  provisions  of  this  Act. 

Per  diem  and  expenses  of  members  of  sub-commission. 

SEC.  18.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
said  School-book  Commission  shall  serve  without  compensation,  and 


70 


UNIFORM  TEXT-BOOK  LAW. 

the  members  of  the  sub-commission  of  five  shall  be  paid  a  per  diem  of 
four  dollars  per  day  during  the  time  they  are  actually  engaged  not  to 
exceed  thirty  days,  and  in  addition  shall  be  repaid  all  money  actually    Acts  of 
expended  by  them  in  the  payment  of  necessary  expenses,  to  be  paid  out   page  63. 
of  the  public  school  fund,  and  they  shall  make  out  and  swear  to  an 
itemized  statement  of  such  expenses. 

Terms  of  contract. 

SEC.  19.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
the  adoptions  made  under  the  provisions  of  this  Act  shall  continue  for 
five  years  from  the  first  day  of  January,  1904,  and  any  adoption  of 
books  made  after  this  time  shall  terminate  with  all  other  adoptions  on 
the  first  day  of  January,  1904,  and  that  all  contracts  for  school  books  f9Coff  of 
made  by  county  boards  of  education  now  existing  and  extending  be-  page  6S- 
yond  the  first  of  January,  1904,  shall  not  be  affected  by  this  Act,  but  no 
new  contracts  shall  be  made  after  the  passage  of  this  Act  by  any 
county  board  of  education,  or  by  the  board  of  education  of  any  city 
or  town  in  this  State,  except  the  boards  of  education  in  Georgia  having 
under  their  control  a  system  of  graded  schools  in  part  supported  by 
local  taxation  and  maintained  for  at  least  eight  months  in  each  year. 


71 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 


X. 

LOCAL  TAX  DISTRICT  SCHOOLS  AND  LOCAL  TAX 
BY  COUNTIES. 


(AMENDED  AUGUST  22,  1907.) 


Acts  of 
1906, 
page  66. 


Amended 
Acts   of 
1907, 
page  106. 


County  Boards  to.  lay  off  school  districts. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia,, 
and  it  is  hereby  enacted  by  authority  of  the  same,  That  within  thirty 
days  after  the  passage  of  this  Act,  or  as  soon  thereafter  as  practic- 
able, it  shall  be  the  duty  of  the  County  Board  of  Education  of  each 
county  in  Georgia  to  lay  off  the  county  into  school  districts,  the  lines  of 
which  shall  be  clearly  and  positively  denned  by  boundaries  such  as 
creeks,  public  roads,  land  lots,  district  lines  or  county  lines.  The 
school  district  thus  marked  out  shall  contain  an  area  of  not  less  than 
sixteen  square  miles,  and,  when  practicable,  shall  be  so  shaped  as  to 
have  the  school  building  as  near  the  center  as  possible,  and  no  terri- 
tory shall  be  included  whose  occupants  reside  further  than  three  miles 
from  the  school  house  without  written  petition  of  two-thirds  of  the" 
qualified  voters  therein;  provided,  that  the  Board  of  Education  may 
have  the  right  to  establish  districts  with  areas  less  than  sixteen  square 
miles  where  there  are  natural  causes  or  local  conditions  that  make  it 
necessary  to  do  so.  The  natural  causes  which  will  permit  the  creation 
of  smaller  districts  are  mountains,  streams  over  which  there  are  no 
bridges,  and  dangerous  roads.  Local  conditions  which  will  permit 
the  creation  of  small  districts  must  be  determined  by  the  Board  of 
Education. 

In  counties  having  incorporated  towns,  now  levying  a  local  tax  for 
educational  purposes,  and  operating  a  public  school  system  under 
their  own  charter  or  special  Act  of  the  Legislature,  the  County  Board 
of  Education  with  the  consent  of  the  municipal  authorities,  may  create 
a  school  district  larger  than  the  incorporated  limits  of  the  town  by 
adding  adjacent  territory  not  already  included  in  the  incorporate  limits, 
and  the  district  thus  marked  out  shall  become  a  school  district  upon  the 
vote  of  the  people  as  hereinafter  provided,  but  such  school  district, 
including  incorporated  towns  having  a  population  of  four  thousand  or 


72 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 


more,  shall  be  and  remain  under  the  exclusive  supervision  and  direction 
of  the  school  boards  of  the  previously  chartered  schools  in  said  class 
of  incorporated  towns  and  not  under  supervision  of  the  County  Board 
of  Education;  and  the  school  boards  of  such  chartered  schools  in  in- 
corporated towns  shall  be  trustees  of  said  school  district  under  this 
Act;  provided  further,  that  if  there  be  located  in  such  district  a 
chartered  school  controlled  by  a  board  of  stockholders  or  by  board  of 
directors  elected  by  them,  the  management  and  control  of  said  chartered 
school  shall  remain  in  them  and  they  shall  have  all  the  rights  and 
privileges  of  this  Act  to  collect  local  taxes  as  hereinafter  provided  in 
this  Act,  and  to  receive  the  share  of  the  State  public  school  fund.  A 
map  of  the  county  thus  laid  off,  plainly  outlining  the  boundaries  of  the 
school  district  with  full  description  thereof,  shall  be  filed  with  the 
Ordinary  within  forty  days  after  the  passage  of  this  Act,  or  as  soon 
thereafter  as  practicable,  and  the  boundaries  of  said  school  districts 
shall  not  be  altered  any  oftener  than  once  a  year.  The  County  Board 
of  Education  in  laying  off  the  county  shall  disregard  any  school  dis- 
tricts embracing  territory  not  included  in  incorporated  towns  heretofore 
created  by  special  Act  of  the  Legislature.  The  failure  on  the  part  of 
any  board  of  education  to  perform  the  duties  required  by  this  Act, 
shall  be  immediately  inquired  into  by  the  first  grand  jury  sitting  after 
such  neglect  of  duty,  and  if  said  grand  jury  shall  find  that  any  member 
or  members  of  said  board  have  failed  to  perform  their  duty  it  shall 
report  the  same  to  the  judge  of  the  superior  court,  who  shall  cause  a 
rule  nisi  to  issue  against  such  member  or  members,  and  they  shall  be 
heard  by  the  judge  in  their  own  behalf ;  if  the  said  member  or  members 
can  not  give  a  good  and  sufficient  reason  why  they  have  not  performed 
their  duties  as  required  by  this  Act,  they  shall  be  discharged,  and  the 
said  judge  shall  fill  the  vacancies  until  the  next  grand  jury  shall  meet. 

Election  of  Trustees. 

SEC.  2.  Be  it  further  enacted,  That  within  ninety  days  after  the 
Board  of  Education  has  laid  off  the  county  as  required  in  Section  1, 
the  said  Board  of  Education  shall  order  the  citizens  of  the  several 
school  districts  to  hold  an  election  for  the  purpose  of  electing  three 
trustees  for  each  district  in  the  county.  Said  election  shall  be  held  at  a 
time  and  place,  and  in  a  manner  prescribed  by  the  County  Board  of 
Education.  The  said  trustees  shall  be  intelligent  citizens  of  good  moral 
character  who  are  known  to  be  earnest  supporters  of  public  education, 
and  they  shall  serve  one  for  three  years,  one  for  two  years  and  one  for 
one  year  as  the  County  Board  of  Education  may  determine.  In  dis- 
tricts containing  incorporated  towns  there  may  be  five  trustees,  one  of 


Acts   of 
1906, 
page   67 


Amended 
Acts   of 
1907, 
page  101. 


73 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 

whom  shall  be  elected  for  one  year,  two  for  two  years,  and  two  for 
three  years.  The  notice  of  their  election  shall  be  filed  by  the  election 
managers  with  the  County  School  Commissioner,  who  shall  submit  the 
same  to  the  County  Board  of  Education  for  their  approval.  After  the 
said  local  board  of  trustees  have  been  approved  and  properly  com- 
missioned by  the  County  Board  of  Education  it  shall  meet  immediately 
and  organize  by  electing  one  of  its  members  president,  and  one  secre- 
tary and  treasurer.  If  the  County  Board  of  Education  should  consider 
any  member  or  members  unqualified  for  the  work,  they  shall  refuse  to 
confirm  the  election  of  such  member  or  members  and  require  the  citizens 
of  a  district  at  a  time  and  place  and  in  a  manner  prescribed  by  the 
County  Board  of  Education  to  elect  others.  At  the  expiration  of  the 
term  of  office  of  the  members  thus  elected  the  citizens  of  a  district 
shall  meet  at  a  time  and  place,  and  in  a  manner  prescribed  by  the 
County  Board  of  Education,  and  elect  their  successors,  who  must  be 
approved  by  the  County  Board  of  Education  as  hereinbefore  provided, 
and  the  election  shall  be  for  a  term  of  three  years.  If  any  member 
should  refuse  to  act,  or  should  be  guilty  of  any  conduct  unbecoming 
the  dignity  of  a  school  trustee,  the  County  Board  of  Education  shall 
have  the  right,  upon  a  written  complaint  of  a  majority  of  the  voters 
of  the  district,  to  remove  said  member  and  have  his  successor  elected 
as  hereinbefore  provided.  But  no  trustee  shall  be  removed  from  office 
without  sufficient  proof,  and  he  shall  be  served  with  a  copy  of  such 
complaint  at  least  ten  days  prior  to  the  day  set  for  the  hearing,  when 
such  trustee  shall  be  afforded  an  opportunity  to  be  heard  in  his 
defense. 

County  elections  how  ordered — who  shall  vote — limit  to  rate  of 
taxation. 

SEC.  3.  Be  it  further  enacted,  That  whenever  the  citizens  of  any 
county  wish  to  supplement  the  public  school  fund  received  from  the 
State  by  levying  a  tax  upon  the  property  of  the  county,  it  shall  be  the 
duty  of  the  Ordinary  to  order  an  election,  not  earlier  than  twenty 
days,  nor  later  than  sixty  days,  after  receiving  a  petition  of  one-fourth 
of  the  qualified  voters  of  the  county;  and  notice  of  the  same  shall  ba 
published  in  at  least  three  weekly  issues  of  the  county  newspaper  in 
which  legal  advertisements  of  the  county  are  published.  Said  elections 
shall  be  held  as  ordinary  county  elections  are  held.  Those  favoring 
the  levying  of  the  local  tax  shall  vote  for  "Local  tax  for  public  schools" ; 
those  opposed  shall  vote  "Against  local  tax  for  public  schools."  The 
returns  of  said  election  shall  be  made  to  the  Ordinary  of  the  county, 
who  shall  declare  the  results,  and  two-thirds  of  those  voting  shall  be 

74 


LOCAL  TAX  DISTRICTS  AXD  COUNTIES. 

necessary  to  carry  said  election  for  local  taxation  for  public  schools. 
An  election  for  the  same  purpose  shall  not  be  held  oftener  than  every 
twelve  months.  No  person  shall  be  allowed  to  vote  in  said  election 
except  those  regularly  qualified  to  vote  in  State  and  county  elections. 
If  the  election  is  carried  for  local  taxation,  the  Ordinary  or  Board  of 
County  Commissioners,  whichever  levies  the  county  tax  shall  levy  a 
local  tax  as  recommended  by  the  county  Board  of  Education  upon  all 
the  property  of  the  county,  not  to  exceed  one-half  of  one  per  cent., 
and  the  same  shall  be  collected  by  the  county  tax  collector  and  paid  by 
him  to  the  County  Board  of  Education.  The  county  tax  collector  shall 
keep  the  funds  thus  collected  separate  and  distinct  from  all  county 
and  State  funds  and  he  shall  receive  a  commission  of  two  and  one-half 
per  cent,  for  collecting  the  same.  Provided,  That  if  there  be  an  in- 
corporated town  in  a  county  holding  an  election  as  provided  in  this 
Section  now  operating  a  public  school  system,  it  shall  not  be  included 
in  the  election  without  consent  of  the  municipal  authorities,  but  if  the 
municipal  authorities  should  so  wish,  they  may  abolish  their  syscem 
by  a  special  Act  of  the  Legislature  and  avail  themselves  of  the  pro- 
visions of  this  bill. 

Levy  and  collection  of  district  tax. 

SEC.  4.     Be  it  further  enacted,  That  whenever  the  citizens  of  any    Actg 

school  district  wish  to  supplement  the  funds  received  from  the  State    1906» 

page  69. 
public  school  fund  by  levying  a  tax  for  educational  purposes,  they 

shall  present  a  petition  from  one-fourth  of  the  qualified  voters  of  the    A™^®  d 

district  to  the  Ordinary  who  shall  order  the  election  not  earlier  than    1907> 

page   101. 
twenty  days  nor  later  than  sixty  days,  after  the  petition  is  received; 

provided,  that  notice  of  same  shall  be  posted  in  at  least  three  conspicu- 
ous places  in  the  district  ten  days  prior  to  the  election.  The  election 
shall  be  held  at  a  time  and  place  prescribed  by  the  proper  authorities, 
and  under  rules  governing  ordinary  elections.  Those  favoring  local 
taxation  for  public  schools  shall  vote  "For  local  taxation  for  public 
schools";  those  opposed  shall  vote  "Against  local  taxation  for  public, 
schools."  The  returns  of  said  election  shall  be  made  to  the  Ordinary 
of  the  county,  who  shall  declare  the  results  and  two-thirds  of  those 
voting  shall  be  necessary  to  carry  the  election  for  local  taxation  for 
public  schools.  No  person  shall  vote  in  said  election  except  the  regu- 
larly qualified  voters  residing  in  the  district  six  months  prior  to  the 
election.  An  election  for  the  same  purpose  shall  not  be  held  oftener 
than  every  twelve  months. 

75 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 
Tax  returns  in  local-tax  districts. 

SEC.  5.     Be  it  further  enacted,  That  in  those  districts  which  levy 
a  local  tax  for  educational  purposes  the  board    of  trustees  shall  make 
all  rules  and  regulations  to  govern  the  schools  of  the  districts,  and  build 
^906,  °  an<^  equip  schoolhouses  under  the  approval  of  the  County  Board  of 

page  69.  Education.  They  shall  have  the  right  to  fix  the  rate  of  tuition  for  non- 
resident pupils  and  to  fix  the  salaries  of  the  teachers.  They  shall 
receive  from  the  County  Board  of  Education  the  share  of  public  school 
funds  apportioned  to  the  district  by  the  County  Board  of  Education. 
They  shall  determine  the  amount  necessary  to  be  raised  by  local  tax  on 
all  the  property  of  the  district.  The  Secretary  of  the  Board  of  Trus- 
tees of  said  district,  with  the  aid  of  the  County  School  Commissioner  of 
said  county,  shall  ascertain  from  the  tax  returns  made  to  the  tax 
receiver  and  from  the  returns  made  to  the  Comptroller-General,  the 
total  value  of  all  of  the  property  in  said  district  subject  to  taxation 
for  county  purposes,  and  a  regular  digest  of  all  such  property 
in  said  school  district,  shall  be  made  by  said  secretary  in  a  book  fur- 
nished by  the  Board  of  Trustees  and  kept  for  that  purpose.  At  or 
before  the  time  of  fixing  the  rate  of  taxation  for  said  county,  the  secre- 
tary of  each  local  Board  of  Trustees,  with  the  aid  of  the  County 
School  Commissioner,  shall  levy  such  rate  on  the  property  thus  found 
as  will  raise  the  total  amount  to  be  collected;  provided,  that  such  rate 
shall  not  exceed  one-half  of  one  per  cent.  The  County  School  Com- 
missioner of  each  county,  at  or  before  the  time  for  fixing  the  rate  of 
said  county  by  the  Ordinary  thereof,  or  the  County  Board  of  Commis- 
sioners, as  the  case  may  be,  shall  certify  to  the  said  Ordinary,  or  said 
Board  of  Commissioners,  as  the  case  may  be  and  to  the  Comptroller- 
General  of  the  State  the  rate  of  taxation  fixed  for  each  school  dis- 
trict in  the  county,  and  said  taxing  authority  of  said  county  shall  levy 
such  special  tax  at  the  same  time  and  in  the  same  manner  as  is  now 
prescribed  for  levying  taxes  for  county  purposes. 

A  copy  of  the  special  tax  digest  of  said  local  tax  district  shall  be 
furnished  by  the  secretary  of  the  local  board  of  trustees  to  the  tax 
collector  of  the  county,  and  it  shall  be  his  duty  to  compute  and  collect 
said  taxes,  keeping  the  same  separate  by  school  districts  from  the 
county  and  State  funds,  and  turn  same  over  to  the  secretary  of  such 
local  school  districts,  as  well  as  tax  received  for  said  district  from 
railroads  and  other  corporations  that  make  their  returns  to  the  Comp- 
troller-General, taking  the  receipt  for  the  same  upon  order  from  the 
County  School  Commissioner;  and  said  tax-collector  shall  receive  as 
compensation  therefor  two  and  one-half  per  cent,  of  the  amount 
collected. 

76 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 

In  any  case  in  which  it  is  impossible  to  determine  from  tax  returns 
made  to  the  tax  receiver  of  the  county  the  value  of  the  property  of 
any  citizen  situated  in  any  school  district  and  subject  to  taxation  in 
said  district,  the  secretary  of  the  Board  of  Trustees  shall  issue  a  sum- 
mons to  said  taxpayer  requiring  him  to  make  returns  within  five  days 
to  said  secretary  of  his  property  situated  in  said  district  and  subject 
to  taxation  for  school  purposes.  Should  said  return  be  unsatisfactory 
to  said  secretary,  he  shall  reject  the  same  and  submit  said  returns  to 
arbitration  as  is  now  provided  by  law  for  such  cases  when  returns  are 
rejected  by  tax  receivers. 

All  property,  both  real  and  personal,  including  franchises  belong- 
ing to  railroads,  telegraph  and  telephone  companies,  and  to  all  other 
corporations  which  are  now  required  to  make  their  returns  to  the  Comp- 
troller-General of  this  State,  which  is  in  the  taxable  limit  of  any 
school  district  shall  be,  and  the  same  is,  hereby  made  subject  to  taxa- 
tion by  said  school  districts  as  fully  and  completely  as  is  the  property 
of  the  other  corporations  within  such  taxable  limits. 

It  is  hereby  made  the  duty  of  every  such  corporation  in  this  State, 
in  addition  to  the  facts  now  required  to  be  shown  in  their  returns  to 
the  Comptroller-General  to  also  show  in  said  returns  the  value  of 
such  corporation's  property  in  each  of  said  school  districts  through 
which  it  runs.  And  for  the  purpose  of  enabling  such  corporation  to 
show  in  said  returns  the  value  of  its  property  in  such  school  districts, 
it  is  hereby  made  the  duty  of  the  County  Superintendent  of  Schools 
of  each  county  to  furnish  on  or  before  January  1,  1907,  to  each  such 
corporation,  information  as  to  the  boundaries  of  each  school  district  in 
which  such  corporation  may  have  property,  such  as  will  enable  such 
corporation  to  determine  the  amount  of  its  property  in  such  district, 
and  he  shall  also  furnish  similar  information  whenever  the  boundaries 
of  any  school  district  may  be  changed. 

The  rolling-stock,  franchises  and  other  personal  property  of  said 
corporations  shall  be  distributed  to  said  school  districts  on  the  same 
basis  that  rolling-stock,  franchises  and  other  personal  property  are 
distributed  to  counties  and  municipalities  under  the  law;  that  is,  as  the 
value  of  the  property  located  in  the  particular  district  is  to  the  whole 
located  property,  real  and  personal  of  said  corporation  such  shall  be 
the  amount  of  rolling-stock,  franchises,  and  other  personal  property 
to  be  distributed  for  taxing  purposes  to  each  school  district. 

All  of  the  other  provisions  of  the  Act  of  October  16,  1889,  entitled 
"An  Act  to  provide  a  system  of  taxation  of  railroad  property  in  each 
of  the  counties  of  the  State  through  which  said  railroad  runs,  and  to 
provide  a  mode  of  assessing  and  collecting  the  same,  and  for  other 
purposes,"  in  so  far  as  they  can  be  applied  are  hereby  made  applicable 

77 


LOCAL  TAX  DISTRICTS  AND  COUNTIES. 

to  the  assessment  and  collection  of  taxes  of  all  such  companies  and 
corporations  which  are  now  required  by  law  to  make  their  returns  to 
the  Comptroller-General,  by  and  for  school  districts  in  this  State  upon 
the  property  and  franchises  of  such  companies  located  in  such  school 
districts  and  upon  the  rolling-stock,  franchises  and  other  personal 
property  distributed  under  the  provisions  of  this  Act. 


Acts  of 
1906, 
page   72. 


Secretary  and  Treasurer  of  Board  of  Trustees — statements  and 
reports. 

SEC.  6.  Be  it  further  enacted  That  the  board  of  trustees  may  have 
the  right  to  pay  the  secretary  and  treasurer  a  commission  on  the 
amount  of  local  tax  collected  not  to  exceed  two  and  one-half  per  cent., 
but  there  shall  be  no  commission  allowed  on  the  amount  received  from 
the  State.  They  shall  furnish  quarterly  to  the  County  Board  of  Educa- 
tion a  statement  showing  all  receipts,  disbursements,  and  cash  on  hand. 
They  shall  also  furnish  statement  showing  school  population,  enroll- 
ment, average  attendance,  course  of  study  and  other  data  the  County 
Board  of  Education  may  require  whenever  called  upon  to  do  so. 


Acts  of 

1906, 
page   72. 


Acts  of 
1906, 
page   72. 


General  school  laws  to  be  observed. 

SEC.  7.  Be  it  further  enacted,  That  while  it  is  the  purpose  and 
spirit  of  this  Act  to  encourage  individual  action  and  local  self-help 
upon  the  part  of  the  school  districts  it  is  expressly  understood  that  the 
general  school  laws  of  this  State  as  administered  by  the  County  Board 
of  Education  shall  be  observed. 

SEC.  8.  Be  it  further  enacted  That  all  elections  held  under  the 
provisions  of  this  Act  shall  be  governed  as  to  registration  and  qualifi- 
cation of  voters  as  the  general  law  governing  special  elections  provides. 


Acts  of 
1909, 
page  159. 


Provisions  for  voting  out  the  local  tax. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia, 
That  the  above  recited  Act  be  amended  by  adding  a  Section  appro- 
privately  numbered,  to-wit.<  An  election  for  repealing  the  local  tax  law 
provided  for  in  this  Act  when  same  has  been  established  for  over  three 
years  shall  be  called  as  in  first  instance.  And  if  abolished  by  vote 
under  similar  regulations  as  in  first  instance,  no  new  election  for  re- 
creating same  shall  be  called  within  one  year.  If  not  abolished  by 
vote,  no  election  for  the  same  purpose  shall  be  called  within  one  year. 


78 


DECISIONS  AND  INSTRUCTIONS  OF  STATE  SCHOOL  COMMISSIONERS. 


XI. 

EXTRACTS  FROM   DECISIONS   AND   INSTRUCTIONS  OF  STATE 
SCHOOL  COMMISSIONERS. 


Note  1.     Resignation  should  be  tendered  to  Governor. 

When  a  member  of  a  Board,  or  a  County  School  Commissioner 
desires  to  resign,  he  should  tender  his  resignation  to  the  Governor, 
and  not  to  the  Board  or  Grand  Jury. 

— G.  J.  Orr,  Instructions  March,  1876. 

Note  2.     Requisites  of  certificates  of  election. 

The  certificate  of  the  election  of  members  of  the  County  Board 
must  have  the  following  requisites: 

1.  It  must  be  officially  signed  by  the  Clerk  of  the  Superior  Court 
and  must  be  under  his  seal  of  office. 

2.  It  must  give  the  names  of  the  members  of  the  Board  chosen, 
and  must  state  whom  they  succeeded. 

3.  It  must  state  how  the  latter  vacated  their  offices. 

4.  It  must  state  the  term  of  court  at  which  the  action  was  taken. 
When  a  vacancy  is  filled  by  the  Judge  of  the  Superior  Court,  the 

above  rules  will  apply  to  the  certificates  then  given,  except,  where, 
from  the  nature  of  the  case  they  are  inapplicable. 

— G.  J.  Orr,  Instructions  March,  1876. 

Note  3.     The  Bible  in  the  public  schools. 

The  Bible  can  not  be  excluded  from  the  public  schools  of  the  State. 

The  proviso  interdicting  the  exclusion  of  the  Bible  from  the  public 
schools  is  the  law  in  places  where  local  school  laws  are  in  operation 
as  well  as  elsewhere. 

— G.  J.  Orr  Instructions  April  1878. 

Note  4.     Disturbing  schools. 

Persons  who  wilfully  interrupt  or  disturb  any  public  school,  private 
school  or  Sunday-school  are  guilty  of  a  misdemeanor,  and,  on  convic- 
tion, are  punishable  as  provided  in  Section  4310  of  the  Code  of  1873. 

(See  Code  Vol.  III.  Sec.  427.) 

— G.  J.  Orr  Instructions  1882. 

79 


DECISIONS  AND  INSTRUCTIONS  OF  STATE  SCHOOL  COMMISSIONERS, 

Note  5.     Pupil  going  from  one  district  school  to  another. 

The  proper  rule  is  that  a  pupil  can  go  from  one  public  school  to- 
another  only  by  consent  of  the  Board,  or  County  School  Commissioner, 
for  a  good  and  sufficient  cause,  the  Board  of  Commissioners  being  the 
judge. 

— J.  S.  Hook  Instructions  January  10,  1888. 

Note  6.     Original  jurisdiction  in  revoking  teacher's  license. 

"Original  jurisdiction  in  the  revoking  of  a  teacher's  license  rests 
with  the  County  School  Commissioner.  Appeals  on  such  action  of  the 
County  School  Commissioner  come  only  before  the  County  Board  of 
Education." 

—S.  D.  Bradwell,  1895. 

Note  7.     Final  choice  of  teachers  and  power  to  make  contracts  is 
with  county  board. 

"The  law  does  not  compel  County  Boards  of  Education  to  confirm 
the  choice  of  local  trustees  in  selecting  teachers  even  when  such  teach- 
ers are  regularly  and  legally  appointed.  The  final  choice  of  teachers,, 
and  the  power  to  make  contracts  with  teachers  are  vested,  under  the 
law  wholly  in  the  County  Board  of  Education." 

— G.  E.  Glenn  November  13,  1899. 

Note  8.     Teacher's  contract  is  an  entire  contract. 

"The  appeal  states  that  after  teaching  seventy-seven  and  one-half 
days,  the  said  teacher  resigned  the  said  school,  to  accept  another  posi- 
tion, but  his  resignation  was  not  accepted  by  the  County  Board;  that 
previous  to  his  resignation  he  had  received  payment  for  fifty-eight 
days;  that  he  had  taught  nineteen  and  one-half  days,  for  which  he  had 
received  no  pay;  that  the  County  Board  of  Education  refused  to  pay 
for  teaching  the  nineteen  and  one-half  days  because  the  contract  is- 
considered  by  said  Board  as  an  entire  contract,  and  it  was  not  fulfilled. 

"In  this  case,  the  Board  of  Education,  under  the  circumstances, 
would  not  abuse  the  discretion  given  it  by  law,  if  claims  to  said  teacher 
were  approved  and  paid,  but  in  refusing  to  pay  the  said  claim  for 
teaching  nineteen  and  one-half  days,  the  Board  has  not  violated  the  law 
of  contracts.  This  contract  is  in  the  nature  of  an  entire  contract." 

— W.  B.  Merritt,  April  7,  1904. 


80 


DECISIONS  AND  INSTRUCTIONS  OF  STATE  SCHOOL  COMMISSIONERS. 

Note  9.     Plan  for  operating  schools  for  five  or  more  consecutive 
months. 

Generally  it  is  more  satisfactory  to  have  the  schools  taught  during 
consecutive  months  of  the  fall,  winter  and  spring.  Some  counties  have 
for  one  year  operated  their  schools  for  three  months  in  the  spring, 
during  November  and  December  the  school  term  of  that  year  was  com- 
pleted; beginning  in  January,  a  session  of  three  or  four  months  of  the 
next  year  immediately  followed.  This  plan  has  given  good  results  in 
attendance  and  in  the  progress  of  pupils.  A  very  great  benefit  has 
come  to  schools  of  these  counties  from  the  fact  that  this  arrangement 
enables  County  Boards  to  pay  teachers  with  very  little  delay.  It  is 
much  easier  to  secure  teachers  if  they  are  assured  that  they  will  be 
paid  promptly  and  that  they  will  not  be  compelled  to  have  their  salaries 
discounted.  I  ask  the  careful  consideration  of  your  Board  to  this 
plan,  which  is  working  so  satisfactorily  in  many  counties. 

The  months  in  which  the  schools  may  be  taught  during  the  school 
year,  or  calendar  year,  may  be  selected  by  the  County  Boards  of  Edu- 
cation as  they  think  best,  but  it  will  not  be  lawful  for  a  County  Board 
of  Education  to  approve  for  payment  out  of  the  funds  appropriated 
for  one  year  any  teaching  that  was  done  during  any  days  except  those 
included  in  the  calendar  year  for  which  appropriations  have  been  made. 
To  illustrate:  the  contracts  with  teachers  for  the  school  year  of  1905, 
and  the  claims  of  teachers  based  upon  this  contract,  should  be  in  con- 
sideration of  teaching  that  is  done  only  during  the  school  year  of  1905. 
— Tr.  B.  Merritt,  Circular  Letter,  August  17,  1904. 

Note  10.     The  Right  of  the  County  Board  of  Education  to  apportion 
State  School  Funds. 

The  question  presented  is  whether  or  not  the  County  Board  of 
Education  has  the  right  to  apportion  the  State  School  Fund  as  in  its 
judgment  may  appear  just  and  wise,  or  whether  the  Board  is  compelled 
to  make  this  distribution  on  a  strict  per  capita  basis  to  the  various  dis- 
tricts after  deducting  administrative  expenses.  The  law  is  silent  upon 
this  point.  It  is  specific  in  requiring  the  distribution  of  the  State 
School  Funds  to  the  various  counties  and  independent  or  town  systems 
upon  the  per  capita  basis  according  to  the  children  of  school  age.  The 
very  silence  of  the  law  with  regard  to  school  districts  under  the  general 
authority  of  the  County  Board  of  Education,  in  my  opinion,  is  proof 
that  the  Legislature  did  not  intend  to  force  the  apportionment  as  in 
the  cases  mentioned  where  it  is  specific.  The  exact  wording  "They  (the 
Trustees)  shall  receive  from  the  County  Board  of  Education  the  share 
of  the  public  school  fund  apportioned  to  the  district  by  the  County 

81 


DECISIONS  AND  INSTRUCTIONS  or  STATE  SCHOOL  COMMISSIONERS. 

Board  of  Education,"  indicates  that  the  right  of  apportionment  is  left 
to  the  County  Board,  it  being  understood,  of  course,  that  the  funds  shall 
be  distributed  upon  an  equitable  and  fair  basis.  It  sometimes  hap- 
pens that  a  certain  school  by  reasons  of  various  circumstances  may 
require  less  money  for  maintenance  than  another.  The  qualification 
of  the  teacher,  the  grade  of  license,  and  various  other  considerations 
may  properly  affect  the  amount  of  money  which  the  Board  of  Education 
may  deem  wise  to  apportion  to  any  particular  school. 

In  my  opinion,  therefore,  the  County  Board  of  Education  has  the 
right  to  apportion  public  school  funds,  and  while  this  Board  should  be 
guided  in  the  distribution  of  the  State  Funds  by  the  general  per  capita 
basis  of  the  State  less  the  administrative  expenses,  this  body  may  fix 
the  apportionment  for  any  school  or  district  as  the  circumstances  may 
require  and  as  may  be  for  the  best  interests  of  the  district  and  county 
as  a  whole. 

— M.  L.  Brittain,  April  26,  1911, 

Note  11.     Districts  should  be  divided  only  when  the  best  interests 
of  the  schools  demand. 

Recent  school  legislation  gives  the  County  Board  of  Education  the 
right  to  separate  or  divide  school  districts  under  certain  circumstances. 
While  this  is  true,  the  General  Assembly  provides  a  restrictive  clause 
which  declares  that  this  may  be  done  only  "when  the  best  interests  of 
the  schools  demand."  It  is  a  fact  generally  recognized  by  competent 
educational  authorities  that  centralized  and  consolidated  schools  serve 
the  people  better  and  are  more  effective.  This  being  true,  the  State 
expects  school  officials  to  be  leaders  in  guiding  public  sentiment  in 
the  right  direction  and  boards  of  education  should  not  take  advantage 
of  the  law  mentioned  to  multiply  districts  and  schools.  Previous  legi- 
slation indicates  that,  in  the  opinion  of  the  General  Assembly,  school 
districts  should  contain  an  area  of  at  least  16  square  miles. 

— M.  L.  Brittain,  October  17,  1911. 

Note  12.     Voters  in  local  tax  election. 

Since  you  have  three  public  school  systems  created  by  special  act 
of  the  Legislature  which  are  now  levying  local  school  tax,  the  qualified 
voters  of  these  towns  do  not  participate  in  this  election.  Further- 
more, the  number  of  qualified  voters  in  these  three  towns  must  be  sub- 
tracted from  the  total  number  in  the  county,  and  one-fourth  !of  the 
remainder  under  the  law  will  suffice  to  call  the  election.  The  reason 
for  this  is  plain :  these  towns  already  have  what  the  rest  of  the  county 
desires  to  secure,  and  should  neither  be  allowed  to  prevent  the  calling 

82 


DECISIONS  AND  INSTRUCTIONS  OF  STATE  SCHOOL  COMMISSIONERS. 

of  the  election  nor  to   forestall  the  other  citizens  from  securing  the 
same  privilege  of  better  schools. 

— 3/.  L.  Brittain,  December  24,  1913. 

Note  13.    Teachers  not  to  be  summarily  discharged  without  cause. 

Without  fixed  charges,  it  is  not  according  to  the  letter  or  spirit  of 
the  Georgia  law  for  a  teacher  to  be  summarily  discharged  at  the  whim 
of  a  Board  without  trial  after  being  elected  for  a  specified  term,  unless 
such  provision  is  stated  in  the  contract. 

— 3/.  L.  Brittain,  January  8,  1916. 


83 


OFFICIAL  OPINIONS  OF  ATTORNEY-GENERAL. 


XII. 

EXTRACTS  FROM  OFFICIAL  OPINIONS  OF  ATTORNEY- 
GENERAL. 


Note.  1.     Limit  of  time  in  using  school  fund. 

"The  appropriation  which  the  State  makes  yearly  is,  in  a  sense,  a 
contribution  by  the  people  of  the  State  to  assist  in  the  education  of" 
the  children  thereof,  and  a  limitation  of  time  and  age  is  placed  on  each 
beneficiary.  I  recognize  that  it  is  the  policy  of  the  law-makers  to  clothe 
the  several  Boards  of  Education  in  this  State  with  almost  supreme 
power  in  the  administration  of  the  public  school  fund  and  to  lodge 
with  the  Board  such  discretion  is  wise,  but  I  am  persuaded  that  for  a 
Board  to  exercise  the  discretion  to  the  extent  of  using  money  appro- 
priated one  year  for  another,  would  run  counter  to  the  legislative 
scheme  and  would  be  an  abuse  of  discretion." 
— Extract  from  letter  of  Attorney-General  John  C.  Hart,  July  1,  1903. 

Note  2.     School  population  basis  for  apportionment  of  school  funds 
to  local  school  systems. 

I  therefore  advise,  irrespective  of  any  directions  to  the  contrary  in 
the  Act  creating  the  local  school  systems  that  you  adopt  the  rule  of  ap- 
portionment between  the  local  system  and  the  county,  using  as  a  basis, 
"the  proportion  which  the  school  population  of  the  local  system  bears 
to  the  school  population  in  the  county."  To  illustrate  where  the  state 
has  set  apart  $2,000  to  a  county  as  its  pro  rata  part  of  the  public  school 
fund,  and  the  county  has  in  it  school  population  of  2,000  people,  and 
within  the  county  is  a  local  system  having  a  school  population  of  500, 
the  pro  rata  of  money  in  that  case  due  to  the  local  system  is  the  pro- 
portion which  500  bears  to  2,000. 

— Extract  from  letter  of  Attorney -General  John  C.  Hart,  August  26, 
1903. 

Note  3.     School  officials  can  not  discount  claims  of  teachers. 

"In  reply  to  your  inquiry  this  day  submitted,  viz.,  whether  a 
county  school  commissioner  or  members  of  the  Boards  of  Education 
of  this  State  may  buy  up  at  a  discount,  or  in  any  manner  speculative,. 

84 


OFFICIAL  OPINIONS  OF  ATTORNEY-GENERAL. 

in  what  are  known  as  county  orders  or  "scrip,"  or  contracts  which  are 
to  be  paid  out  of  the  public  funds  of  this  State;  I  beg  leave  to  say 
I  think  such  officers  are  public  officers  in  the  sense  that  it  is  made  a 
misdemeanor  for  them  to  purchase  such  order,  scrip  or  contract,  as 
provided  by  Section  277  of  the  Penal  Code." 
— Extract  from  letter  of  Attorney-General  John  C.  Hart,  Nov.  1905. 

Note  4.  Managers  of  local  tax  elections  to  be  paid  out  of  school 
fund  for  that  district. 

"I  am  not  advised  of  any  law  in  express  terms  authorizing  the 
payment  of  managers  for  holding  elections  by  county  boards  of  educa- 
tion. The  law  provides  for  holding  the  elections.  It  is  hardly  con- 
ceivable that  managers  should  hold  elections  without  compensation.  I 
have  advised  that  when  an  election  is  held  for  local  taxation  that  it 
would  be  proper  under  the  general  powers  conferred  upon  boards  of 
education  to  advance  the  cause  of  education  to  provide  for  the  pay- 
ment of  managers  of  a  local  election  out  of  the  funds  apportioned  to 
that  district.  Unless  the  power  which  I  have  referred  to  is  not  suffi- 
ciently broad  to  authorize  the  payment  of  managers,  then,  as  stated, 
I  know  of  no  other  source  from  which  they  could  be  paid. 

"I  think  therefore  that  it  is  proper  for  the  managers  to  be  paid  out 
of  the  funds  apportioned  to  that  district  holding  the  election." 

— Extract  from  a  letter  of  Attorney-General  Hart,  June,  1908. 

Note  5.  Elections  for  local  tax  by  counties  or  by  districts  can  not 
be  repeated  oftener  than  every  twelve  months,  but  a  district 
election  may  be  held  sooner  when  the  county  election  failed. 

"The  McMichael  Act  by  Section  3  thereof  providing  for  an  election 
at  the  instance  of  the  county  for  the  purpose  of  supplementing  the 
public  school  fund  by  levying  a  tax  upon  the  property  of  the  county 
provides  'an  election  for  the  same  purpose  shall  not  be  held  oftener 
than  twelve  months.'  That  is  to  say  if  the  county  voting  as  such  fails 
to  adopt  county  taxation  that  no  election  should  be  held  for  that  pur- 
pose until  after  the  expiration  of  twelve  months.  The  McMichael  Act 
by  Section  4,  providing  for  a  local  tax  that  is  to  say  a  district  tax,  to 
supplement  the  funds  received  from  the  State  for  educational  pur- 
poses, provides  fan  election  for  the  same  purpose  shall  not  be  held 
oftener  than  every  twelve  months'.  That  is  to  say,  if  the  district  votes 
against  the  adoption  of  a  local  tax  no  other  election  can  be  held  by  it 
as  a  district  until  the  expiration  of  twelve  months. 

"There  is,  however,  in  the  Act  no  inhibition  where  a  county  as  such 
votes  for  local  tax  and  fails  that  a  district  within  the  county  may 

So 


OFFICIAL  OPINIONS  OF  ATTORNEY-GENERAL. 

not  vote  thereon  within  twelve  months.  The  policy  as  expressed  in  the 
McMichael  Act  is  to  advance  the  cause  of  education  by  providing  for 
taxation  either  by  county  or  by  district  and  the  Act  should  be  con- 
strued in  the  light  of  its  clearly  denned  purpose.  I  am  therefore  of 
the  opinion  that  notwithstanding  a  county  having  voted  against  county 
taxation  that  a  district  desiring  to  vote  thereon  need  not  wait  twelve 
months  before  submitting  the  question  of  a  local  tax  to  the  voters  of 
the  local  district." 
— Extract  from  a  letter  of  Attorney -General  Hart,  September,  1908. 

Note  6.     Person  may  not  hold  but  one  county  office  at  one  time, 
but  may  hold  two  public  offices. 

"Replying  to  your  letter  requesting  my  opinion  whether  a  judge  of 
a  city  court  may  also  at  the  same  time  be  a  member  of  the  county 
board  of  education,  I  beg  to  advise : 

"He  would  be  eligible.  The  Section  of  the  Code  224,  Vol.  I, 
inhibits  a  person  holding  at  one  time  more  than  one  county  office,  but 
there  is  no  express  provision  of  law  inhibiting  the  holding  of  two 
public  offices  at  one  time,  assuming  that  the  duties  are  not  incompatible. 
It  does  not  occur  to  me  that  there  could  possibly  be  any  conflict  in 
discharging  the  duties  of  the  two  offices." 
— Extract  from  opinion  of  Attorney-General  Hart,  March  16,  1910. 

Note  7.    Election  expenses. 

Under  the  Acts  of  the  General  Assembly  approved  December  17th, 
1896  (Acts  1896,  page  40)  the  expenses  of  an  election  held  in  a  county 
to  determine  whether  there  shall  be  local  taxation  for  the  support  of 
public  schools,  as  provided  for  under  the  McMichael  Act,  should  be 
paid  by  the  county  and  should  not  be  taken  from  the  common  school 
fund  of  such  county. 

Attorney -General  H.  A.  Hall,  January  4,  1911. 


86 


DECISIONS  OF  SUPREME  COURT. 

XIII. 
EXTRACTS  FROM  DECISIONS  OF  SUPREME  COURT. 


Note  1.     Discretion  in  continuing  or  discontinuing  schools. 

The  County  Board  of  Education  of  Richmond  County  has  the  dis- 
cretionary power,  under  the  law,  of  establishing  or  discontinuing  high 
schools  at  such  points  in  the  county  as  the  interest  and  convenience  of 
the  people  may  require. 

Under  the  facts  of  this  case,  there  was  no  abuse  of  such 'discretion 
by  the  County  Board  in  discontinuing  the  high  school  established  for 
the  colored  race,  although  it  left  in  operation  a  similar  school  for  white 
females  and  contributed  to  the  support  of  the  high  school  for  white 
boys  and  girls,  which,  however,  it  had  not  established.  (Georgia 
Report.  Vol.  103.  page  641). 

Note  2.     The  municipality  marks  the  limits  of  the  school  district. 

In  an  opinion  rendered  by  the  Supreme  Court,  through  Justice 
Lumpkin,  on  January  14,  1913,  it  was  decided  that  the  provisions  of 
the  Constitution  authorize  the  legislature  to  grant  authority  to  munici- 
pal corporations  to  establish  and  maintain  public  schools  in  their  re- 
spective limits  by  local  taxation. 

In  other  words,  in  accordance  with  a  previous  decision,  rendered 
by  Justice  Candler.  there  is  no  authority  for  incorporating  a  school 
district  and  marking  off  a  town  inside  of  it,  the  town  to  exercise  all 
the  municipal  functions  and  the  school  district  none.  Further  that 
it  is  illegal  to  establish  the  form  of  a  municipal  corporation  in  a  rural 
district  with  practically  no  other  powers  than  the  management  of 
schools. 

Note  3.     Two-thirds  to  repeal  local  tax. 

In  an  opinion  of  the  Supreme  Court  rendered  August  13,  1913, 
appealed  from  Dade  County,  through  Justice  Atkinson,  it  was  decided 
that  it  did  not  require  a  two-thirds  majority  vote  to  retain  local  tax  in 
a  school  district  when  the  effort  was  made  to  repeal  this  tax  after  it 
had  been  in  force  three  years.  In  other  words,  in  effect,  the  decision 
is  that  it  requires  two-thirds  to  disestablish  the  tax,  just  as  it  required 
that  majority  to  place  it  upon  the  district  in  the  first  instance. 

Note  4.    The  county  school  board  apportions  the  funds.    (See  note 
10,  page  55) 

In  an  opinion  of  the  Supreme  Court,  through  Justice  Evans,  on 
November  15,  1913.  it  was  decided  that  local  tax  districts  (McMichael) 
are  not  taken  from  the  supervision  of  a  County  Board  of  Education  in 
their  control  over  the  distribution  and  apportionment  of  the  public 
school  fund  for  the  counties,  and  further  that  the  Boards  have  full 
authority  in  their  discretion  either  to  fix  salaries  for  the  payment  of 
teachers  or  to  pay  them  according  to  enrollment  or  attendance. 

87 


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